75 Records of employment and advice of pay details
(1) *[Section 75 Subsection (1) substituted by No. 59 of 1992, s. 51 ]*An employer must make and maintain a true record of employment in such form, and containing such information, as may be prescribed.
(2) Where a person ceases to be an employee, the person who was his employer shall cause the record made by him under subsection (1) to be kept for a period of 12 months after the termination of the employment of that first-mentioned person.
(3) Where a business or part of a business is sold, transferred, conveyed, or assigned by an employer to another employer, the first-mentioned employer shall forward to the other employer all records made by him under subsection (1) .
(4) *[Section 74 Subsection (4) amended by No. 59 of 1992, s. 51 ]*If a person ceases to be an employer otherwise than for a reason referred to in subsection (3) , he shall, notwithstanding that he has ceased to be an employer, cause the record made by him under subsection (1) to be kept for a period of 12 months after he ceases to be an employer so that it is readily available for production or inspection in accordance with this Act.
(5) On a notice served on him by an inspector, an employer who is required to keep a record under this section shall, in accordance with the notice, forward to an inspector a true copy of the record or such information contained in the record as is specified in the notice.
(6) *[Section 75 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*An employer or other person who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.
(7) *[Section 75 Subsection (7) inserted by No. 113 of 1986, s. 19 ]*The court by which a person is convicted of an offence against subsection (5) may order that person to forward to an inspector a true copy of the record, or, as the case may be, the information contained in the record, that he failed to produce in response to a notice under that subsection.
(7A) *[Section 75 Subsection (7A) inserted by No. 59 of 1992, s. 51 ]*If an employer who is required to keep a record under this section has failed to comply with a notice served on the employer in accordance with subsection (5) , the Secretary may apply to the President for an order by a Commissioner requiring the employer to forward to the Secretary a true copy of the record or such information contained in the record as is specified in the application.
(7B) *[Section 75 Subsection (7B) inserted by No. 59 of 1992, s. 51 ]*On receipt of an application under subsection (7A) , the President must cause notice of the application to be served on the employer.
(7C) *[Section 75 Subsection (7C) inserted by No. 59 of 1992, s. 51 ]*A notice under subsection (7B) must state –
(a) the matter to which the application relates; and
(b) the time and place where a hearing is to be conducted before a Commissioner.
(7D) *[Section 75 Subsection (7D) inserted by No. 59 of 1992, s. 51 ]*The Secretary and the employer are entitled to be heard at a hearing held for the purposes of considering an application under subsection (7A) .
(7E) *[Section 75 Subsection (7E) inserted by No. 59 of 1992, s. 51 ]*After a hearing in respect of an application for an order referred to in subsection (7A) , the Commissioner before whom the application was heard may –
(a) make or refuse to make the order applied for; or
(b) make such other order as the Commissioner in the circumstances considers appropriate.
(7F) *[Section 75 Subsection (7F) inserted by No. 59 of 1992, s. 51 ]*The Registrar must serve on the relevant employer –
(a) if the Commissioner makes an order under subsection (7E) , a copy of that order; or
(b) if the Commissioner refuses to make an order under that subsection, a notice in writing of that refusal.
(8) *[Section 75 Subsection (8) inserted by No. 113 of 1986, s. 19 ][Section 75 Subsection (8) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 75 Subsection (8) amended by No. 59 of 1992, s. 51 ]*A person who fails to comply with an order under subsection (7) or (7E) within such time as is specified in the order is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.
(9) *[Section 75 Subsection (9) inserted by No. 90 of 1994, s. 32 ]*Proceedings in relation to an offence against this section must be brought within 12 months of the date of the alleged offence.