Without limiting the provisions of section 3 of this Act, it is hereby declared that where an accident happens to a person whose name is entered on a bureau register kept under section 28 of the Waterfront Industry Act 1953—

the accident shall be deemed to arise out of and in the course of employment if the accident would have been deemed so to have arisen had it happened at any place of employment.

For the purposes of this section, the expression ‘any place of employment’ means any place at which a person to whom this section applies would be performing waterside work after having been engaged for such work.

For the purposes of this Act, any person to whom this section applies shall be deemed to be a worker employed by the Waterfront Industry Commission constituted under the Waterfront Industry Act 1953.”

Without limiting the provisions of section 3 of this Act, it is hereby declared that where an accident happening to a worker arises in the course of his employment, the accident shall be deemed to arise out of his employment if—

Dependants of a deceased worker who are not resident in New Zealand shall not be entitled to compensation under this Act, unless by the law of the country or territory or place in which they reside the dependants of a deceased worker who are resident in New Zealand would be entitled to compensation where the death of the worker resulted from an injury in that country or territory or place.

For the purposes of this section, a certificate by the Secretary of Labour as to the effect of the law of the country or territory or place in which dependants of a deceased worker who are not resident in New Zealand reside shall, in any Court or before any person acting judicially, be received as evidence of the effect of that law.”

The Board may from time to time appoint committees consisting of two or more persons (whether members of the Board or not), and may from time to time, with the consent of the Minister, delegate to any such committee or to any officer or servant of the Board (whether by name or as the holder for the time being of any office or position) any of the functions or powers of the Board.

Where any committee appointed by the Board or any officer or servant of the Board purports to act pursuant to any delegation under this section, it or he shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Every delegation under this section may be revoked by the Board at any time, and no such delegation shall prevent the exercise of any function or power by the Board.”

If any person evades, or attempts to evade, or does any act with intent to evade, or makes default in the performance of any duty imposed on him by this Part of this Act or any regulations made for the purposes of this Part with intent to evade, the liability for any sum properly payable by him as premium or otherwise to his insurer (which sum is in this section referred to as the deficient premium), he commits an offence against this Part of this Act.

In any proceedings under this section, the Court may, in addition to or instead of imposing a fine, impose a penal charge, not exceeding the amount of the deficient premium.

Every penal charge imposed under this section shall be recoverable in the same manner as a fine, and, subject to the provisions of section 109 of the Public Revenues Act 1953, shall when recovered be paid to the Board.”

Where any person, in a statement delivered by him or on his behalf to an authorised insurer as required by section 85 or section 89 of this Act, understates the amount of wages paid by him during any period, he shall be liable, without conviction, in addition to any other penalty to which he may be liable, to a penalty of an amount equal to ten per cent of the amount of the premium payable in respect of the amount by which the wages were understated (the amount of that premium being in this section referred to as the deficient premium):

“Provided that, if the Board considers that having regard to all the circumstances of the case, a penalty of an amount equal to ten per cent of the deficient premium would be inadequate, it may fix a penalty of a greater amount, not exceeding fifty per cent of the amount of the deficient premium.

Notice of a decision of the Board fixing any penalty to which subsection (1) of this section applies may be given by delivering it to the person liable, or by leaving it at his usual or last known place of residence or business, or by posting it by registered letter to that address, and in the last-mentioned case the production of a receipt given to an officer of the Post Office and purporting to be signed by the person to whom it is addressed shall be sufficient proof of the service.

If in any case in which the Board has fixed a penalty of an amount greater than ten per cent of the deficient premium the person liable to the penalty considers the amount to be unreasonable, he may within twenty-one days after written notice of the decision of the Board fixing the penalty has been given by the Board in accordance with subsection (2) of this section apply to the Magistrate’s Court nearest to his place of residence or business for an order reducing the amount of the penalty. A copy of the application shall be served on the Board within the same time.

On the hearing of the application the Court may by order confirm the amount of the penalty or, if it thinks fit, reduce it to any amount being not less than ten per cent of the deficient premium, and every such order shall be final and binding on the Board and on the applicant.

The Board, after consideration of all the circumstances of the case, may remit the whole or any part of any penalty payable under this section.

Any penalty payable under this section shall be recoverable by the Board as a debt from the person by whom or on whose behalf the statement was delivered.

No person shall be liable under this section to any penalty in respect of any understatement of the amount of wages paid by him during any period after the expiration of five years from the end of that period.”

When any compensation in respect of the death of a worker is recovered, and that compensation, or the balance thereof after deducting costs and expenses as provided in section 57 of this Act, has been allotted or disposed of by order of the Compensation Court as provided in sections 58 to 65 of this Act, no dependant of the worker shall be entitled thereafter to recover damages from any person in respect of the same accident.”

Any worker who, while he is in receipt of weekly payments of compensation, obtains employment with any employer other than the employer who is liable to pay compensation shall immediately advise the last-mentioned employer of that employment and of the wages payable therefor.

A worker who fails to comply with the requirements of subsection (1) of this section commits an offence, and is liable on summary conviction to a fine not exceeding twenty-five pounds.”