Optus Administration Pty Ltd v Saluwadan
Court of Appeal
Emerton P, Taylor and Kaye JJA
03/11/2023
[2023] VSCA 266
Criminal law — Offence — Whether continuing offence — Failure to pay long service leave entitlements on due date — Penalty for each day during which offence continues — Amended charges particularised as continuing offences — Whether offence is a continuing offence — Long Service Leave Act 2018 (Vic), s 9(2) — Sentencing Act 1991 (Vic), ss 109, 111, 112
Employer and employee — Long service leave — Offence of failure to pay entitlements on due date — Penalty for each day during which offence continues — Whether continuing offence — Long Service Leave Act 2018 (Vic), s 9(2) — Sentencing Act 1991 (Vic), ss 109, 111, 112
Statutory interpretation — Offence — Whether continuing offence — Amendment and re-enactment of legislation — Whether presumption of earlier meaning applies — Location and effect of penalty provisions — Long Service Leave Act 2018 (Vic), s 9(2) — Sentencing Act 1991 (Vic), s 111
Words and phrases — ‘continuing offence’
Read the judgment here.