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2262 1999/401 DISABLED PERSONS EMPLOYMENT PROMOTION ORDER 1999 MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 15th day of November 1999 Present: HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL PUR SCANT to section 4 of the Disabled Persons Employment Promotion Act 1960, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, on the recommendation of the Minister of Social Services, Work and Income acting for the Minister of Employment (made after consultation with the unions, associations, and organisations referred to in section 5 of that Act), makes the following order. ANALYSIS I. Title and commencement 2. Interpretation 3. Exemptions 4. Exemptions do not apply to cenain persons 5. Exemptions may lapse 6. Revocations SCHEDULES Schedule I Organisations Exempted from Holidays Act 1981 and Minimum Wage Act 1983 Schedule 2 Organisations Exempted from Minimum Wage Act 1983 Only ORDER 1. Tide and commencement-(I) This order may be cited as the Disabled Persons Employment Promotion Order 1999.

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Page 1: Scanned using Fujitsu 6670 Scanner and ScandAll …6 Kent Street, Hamilton 180 Kent Street, Hamilton 7a Lake Road, Hamilton 18 Rayner Street, Huntly Kimihia Road, Kaipaki 1 76 Tarr

2262 1999/401

DISABLED PERSONS EMPLOYMENT PROMOTION ORDER 1999

MICHAEL HARDIE BOYS, Governor-General

ORDER IN COUNCIL

At Wellington this 15th day of November 1999

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

PUR SCANT to section 4 of the Disabled Persons Employment Promotion Act 1960, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, on the recommendation of the Minister of Social Services, Work and Income acting for the Minister of Employment (made after consultation with the unions, associations, and organisations referred to in section 5 of that Act), makes the following order.

ANALYSIS

I. Title and commencement 2. Interpretation 3. Exemptions 4. Exemptions do not apply to cenain

persons 5. Exemptions may lapse 6. Revocations

SCHEDULES Schedule I

Organisations Exempted from Holidays Act 1981 and Minimum Wage Act 1983

Schedule 2 Organisations Exempted from Minimum

Wage Act 1983 Only

ORDER 1. Tide and commencement-(I) This order may be cited as the

Disabled Persons Employment Promotion Order 1999.

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1999/401 Disabled Persons Employment Promotion Order 1999

2263

(2) This order comes into force on the 28th day after the date of its notification in the Gazette.

2 .. Interpretation-(I) In this order, unless the context otherwise requlres,-

"Act" means the Disabled Persons Employment Promotion Act 1960: "Exempt organisation" means any of the organisations listed in

Schedules 1 and 2: "Exemptions" means the exemptions granted under regulation 3 (1)

and (2): "Statutory benefits" means the benefits conferred by­

(a) The Minimum Wage Act 1983; and (b) The Holidays Act 198!.

(2) Any term that is defmed in the Act and used, but not defmed, in this order has the same meaning as in the Act.

3. ExeIIlptions-(I) The organisations listed in Schedules 1 and 2 are exempt from the Minimum Wage Act 1983 for the sheltered workshops listed opposite their names in the second column of those schedules.

(2) The organisations in Schedule 1 are exempt from the Holidays Act 1981 for the sheltered workshops listed opposite their names in the second column of that schedule.

(3) The exemptions are-(a) Subject to regulations 4 and 5; and (b) Not limited or affected by the change of name of an exempt

organisation.

4. ExeIIlptions do not apply to certain persons-The exemptions do not apply to a person who,-

(a) Before this order came into force,-(i) Was entitled to one or both of the statutory benefits; and (ii) Was employed by an organisation that did not have an

exemption under section 4 of the Act: (b) After this order comes into force, is employed by an exempt

organisation to provide administrative, advisory, liaison, managerial, supervisory, technical, or other similar services-

(i) For or in respect of other employees of that exempt organisation; or

(ii) For clients of that exempt organisation.

S. ExeIIlptions IIlay lapse-An exemption lapses if, and to the extent that, a sheltered workshop to which the exemption applies-

(a) Ceases to be owned or controlled by an exempt organisation; or (b) Ceases to be a sheltered workshop.

6. Revocations-( 1) The Disabled Persons Employment Promotion Order 1998 (1998/255) is revoked.

(2) The orders specified in subclause (3) are revoked. (3) The orders referred to in subclause (2) are orders made under section

4 of the Act that-(a) Were made before the Disabled Persons Employment Promotion

Order 1996 came into force; and

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2264 Disabled Persons Employment Promotion Order 1999

1999/401

(b) Granted an exemption to an organisation that is named in the first column of either Schedule (whatever its name was when the exemption was granted); and

(c) Were in force immediately prior to this order coming into force.

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1999/401 Disabled Persons Employment Promotion Order 1999

2265

SCHEDULES

SCHEDULE 1 Cl.3

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 A~D MINIMUM WAGE ACT 1983

Exempt Organisations Sheltered Workshops

Atawhai Industries Incorporated l. 38G McLean Street, Fitzroy, New Plymouth

2. 38B McLean Street, Fitzroy, New Plymouth

Auckland Protected Employment Trust 11-13 Laureston Avenue, Otahuhu

Blenheim Business Services Incorporated Kopy Katz, 25 Alfred Street, Blenheim

Cambrid~e Disabled Sheltered 13 Wilson Street, Works op Incorporated Cambridge

Coromandel Independent Living Trust 1 740 Rings Road, Coromandel

Disability Resource Centre HB 204 Nelson Street Incorporated South, Hastings

Disability Training Services HB Trust 87 Austin Street, Board Onekawa, Napier

Disabled Citizens Society Incorporated Sheltered Workshop (trading as Cargill Enterprises) and Training Centre,

199 Hillside Road, Dunedin

Disabled Distributors Incorporated l. AbPost, 4 Union Street, Petone

2. AbPost and Pack, 76A Stoddard Road, Mt Roskill, Auckland

3. A.B. Services, 3 Leith Road, Owhata, Rotorua

Eastern Bay Achievement Trust Te Tahi Street, Incorporated Whakatane

Firmament Incorporated Charitable 28 Boomer Street, Trust Green Island,

Dunedin Framework Trust l. Kowhai House,

14 Kingsland Terrace, Kingsland

2. Kingsland Activity Centre, 10 Kingsland Terrace, Kingsland

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2266 Disabled Persons Employment Promotion Order 1999

1999/401

SCHEDULE I-continued

ORGANISA nONS EXEMPTED FROM HOUDA YS ACT 1981 AND MINIMUM WAGE ACT I983-continued

Exempt Organisations

Framework Trust-continued 3.

4.

5.

6.

7.

8.

9.

Greenways Trust

Hamilton Workshop & Training Centre 1. Incorporated

2.

Handmade Studio Trust

Hohepa Homes (Canterbury) 1.

2.

Hohepa Homes Hawkes Bay

Hutt Valley Disabled Resources Trust 1.

Sheltered Worluhops

St Lukes Organic Gardens, 24a St Lukes Road, St Lukes

The Cottage Nursery, 3 Barids Road, Orewa

Kelmarna Gardens, 12 Hukanui Street, Herne Bay

Devonport Gardens, 4/27 Lake Road, Devonport

Shakespeare Road Activity Centre, 120 Shakespeare Road, Milford

Te Ao Marama, 34 Huia Road, Otahuhu

Te Oranga, 38 East Tamaki Road, Papatoetoe

Waihue Road, Dargaville

80 Sunshine Avenue, Te Rapa

Peach grove Workshop, 80 Peachgrove Road, Hamilton

I50a Colombo Street, Beckenham, Christchurch

Birchfield Workshops, 23 Barrington Street, Spreydon, Christchurch

Wood Workshop, Farm and Gardens, Cnr Sabys and Trices Roads, Halswell

State Highway 2, Main Road, Clive

Kennedy Good Centre, 60 Woburn Road, Lower Hutt

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1999/401 Disabled Persons Employment Promotion Order 1999

2267

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

Hutt Valley Disabled Resources Trust- 2. continued

3.

THC New Zealand Incorporated 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

Sheltered Workshops

Pet Products, 60 Fisk Street, Naenae

Training House, 106 Rata Street, Naenae

Te Reinga Street, Kaitaia

Awakino Point North, Dargaville

11 Cooke Street, Whangarei

Finlayson Street, Whangarei

Lower Cameron Place, Whangarei

30 Porowini Avenue, Whangarei

Whau Valley Road, Whangarei

229 Hibiscus Coast Highway,Orewa

262 Main Road, Albany

4/318 Beachhaven, Rangitoto

165 Sunnybrae Road, Rangitoto

13-15 Fraser Avenue, Northcote

31a Cartwright Road, Glen Eden

4b/64 Henderson Valley Road, Henderson

80b Tirimoana Road, Henderson

8 View Road, Henderson

13 Lincoln Park Avenue, Massey

163 Stoddard Road, Mt Roskill

22b Willcott Street, Mt Albert

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2268 Disabled Persons Employment Promotion Order 1999

1999/401

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

IHC New zealand Incorporated­continued

20.

2l.

22.

23.

24.

25.

26.

27.

28.

29.

30.

3l.

32.

33.

34.

35.

36.

37.

38.

39. 40. 4l.

Sheltered Workshops

Pearce Street, Onehunga

368c Church Street, Onehunga

39 Eric Paton Way, Tamaki

37 c Sir William Drive, East Tarnaki

626 Great South Road, South East Auckland

180 Wellington Street, Howick

68 Dawson Road, Otara

32 Maich Road, Manurewa

21 Ray Small Drive, Papakura

3b Leonard Street, Waiuku

l09 Edinburgh Street, Pukekohe

40 Subway Road, Pukekohe

Bridge and Von Tempsky Streets, Hamilton

89 Garnett Avenue, Hamilton

2 Keddell Street, Hamilton

6 Kent Street, Hamilton

180 Kent Street, Hamilton

7a Lake Road, Hamilton

18 Rayner Street, Huntly

Kimihia Road, Kaipaki 1 76 Tarr Road, Kaipaki 32 Moorehouse Street,

Morrinsville

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1999/401 Disabled Persons Employment Promotion Order 1999

2269

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

IHC New zealand Incorporated­continued

42.

43.

44. 45.

46. 47.

48.

49.

50.

5l.

52.

53.

54.

55.

56. 57.

58.

59.

60. 6l.

62.

63.

64.

Sheltered Workshops

Arawa Street, Matamata

112 Bridge Street, Tokoroa

Grey Street, Paeroa 205 Willoughby Street,

Paeroa 76 Kenny Street, Waihi 129 Birch Avenue,

Tauranga 2 Community Village,

17th Avenue, Tauranga

40 Community Village, 17th Avenue, Tauranga

13 First Avenue, Tauranga

45 Fourth Avenue, Tauranga

Gloucester Road, Mt Maunganui

Newton Road, Mt Maunganui

64 Ka waha Point Road, Rotorua

151 Sunset Road, Rotorua

13 Ti Street, Rotorua 280 Tutanekai Street,

Rotorua 61 Alexander Avenue,

Whakatane Karenza Lane, Awakeri,

RD 1, Whakatane Heu Heu Street, Taupo 135 Taharepa Road,

Taupo Turaki Street,

Taumarunui Maniapoto Road,

Te Kuiti 25 Te Kanawa Road,

Otorohanga

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2270 Disabled Persons Employment Promotion Order 1999

1999/401

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM

WAGE ACT 1983-continued

Exempt Organisations

IHe New Zealand Incorporated­continued

65.

66.

67.

68.

69.

70.

7l.

72.

73.

74. 75.

76.

77.

78.

79.

80.

8l.

82.

83. 84. 85. 86.

87. 88.

Sheltered Workshops

34 Barrett Street, New Plymouth

Borrell Avenue, New Plymouth

765 Carrington Road, New Plymouth

116 Gill Street, New Plymouth

44-46 King Street, New Plymouth

160 St Aubyn Street, New Plymouth

104 Vivian Street, New Plymouth

26 McLean Street, Waitara

64 King Street, Opunake

82 Broadway, Stratford 65 Dixon Avenue,

Hawera 283 High Street,

Hawera 21 Morissey Street,

Hawera 2 Anzac Street,

Gisborne Disraeli Street,

Gisborne 318 Kahutia Street,

Gisborne Roebuck Street,

Gisborne 9 Temple Street,

Gisborne ~peen Street, Wairoa B edisloe Road, Napier Latham Street, Napier 7 Sheffield Place,

Napier Gordon Road, Hastings 438 Heretaunga Street,

Hastings

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1999/401 Dimbled Persons Employment Promotion Order 1999

2271

SCHEDULE I-continued

ORGA1'ISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM

WAGE ACT 1983-continued

lixempt Orgamsatwns

IHC New Zealand Incorporated­continued

89.

90.

91. 92.

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

104.

105. 106. 107.

108.

109.

110.

Ill.

Sheltered Workshops

The Quarry, Bridge Pa, Hastings

500 Tomoana Road, Hastings

Wilson Road, Hastings 46 Bentley Street,

Masterton 27 -33 Broadway,

Carterton 226 High Street,

Dannevirke 128 South Road,

Feilding 414 Wellington Road,

Marton 175 Main Street,

Pahiatua 153 Cook Street,

Palmerston North 260 Ferguson Street,

Palmers ton North Pinfold Road,

Aokautere, Palmers ton North

8-10 Pitt Street, Palmerston North

38 Alma Road, Wanganui

180 Glasgow Street, Wanganui

Moore Avenue, Wanganui

Turoa Road, Wanganui Huia Street, Taihape Main South Road,

Levin 26 McKenzie Street,

Levin 25 Dunstan Street,

Otaki 15 Seaview Road,

Paraparaumu 43 Seaview Road,

Paraparaumu

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2272 Disabled Persons Employment Promotion Order 1999

1999/401

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

IHC New Zealand Incorporated­continued

112.

113.

114.

115.

116.

117.

118.

119.

120.

121.

122.

123.

124.

125.

126.

127. 128.

129.

130.

131.

Sheltered Workshops

16 Hagley Street, Porirua

26 Kenepuru Drive, Porirua

28 Goodshed Road, Upper Hutt

IRD Processing Centre, Upper Hutt

Sharing and Plough, 35 Whakaotiki Street, Upper Hutt

79 Copeland Street, Lower Hutt

29 Kings Crescent, Lower Hutt

19 Jackson Street, Lower Hutt

10 Taine Street, Taita, Lower Hutt

375 Adelaide Road, Wellington

21 Jessie Street, Wellington

Unit 3, 6-8 Horner Street, Wellington

28 Middleton Road, Johnsonville

32 Park Road, Miramar, Wellington

St Vincent de Paul's, Altar Bread Department, 207 Riddiford Street, Wellington

Middle Road, Blenheim Selmes Road, RD3,

Blenheim 182 Weld Street,

Blenheim 27 Beach Road,

Kaikoura 10 Church Street,

Nelson

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1999/401 Disabled Persons Employment Promotion Order 1999

2273

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

IHC New Zealand Incorporated­continued

132.

133.

134.

135.

136.

137.

138.

139.

140.

14l.

142.

143.

144.

145.

146.

147.

148.

149.

150. 151.

152.

153.

Sheltered Workslwps

15 Green Street, Nelson

52 Oxford Street, Richmond

55a High Street, Motueka

Commercial Street, Golden Bay

149 Derby Street, Westport

131 Tainui Street, Greymouth

130 Revell Street, Hokitika

Kippenberger Avenue, Rangiora

77 Brisbane Street, Christchurch

352 Colombo Street, Christchurch

4 Marylands Place, Christchurch

8 Sheffield Street, Christchurch

277 Stanmore Road, Christchurch

515 Wairakei Road (Unit 5), Christchurch

1 79 Alford Forest Road, Ashburton

Main South Road, Tinwald

Arowhenua Road, Kerry town

38a Church Street, Timaru

9a Dee Street, Timaru 139 King Street,

Timaru 14 Sandringham Street,

Oamaru 20 Fox Street, Dunedin

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2274 Disabled Persons Employment Promotion Order 1999

1999/401

SCHEDULE l-contmued

ORGANISATIOI'iS EXEMPTED FRO:Y! HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

IHC New Zealand Incorporated­continued

Kimberley Centre - MidCentral Health Limited

154.

155.

156.

157.

158.

159.

160.

16l.

162.

163.

164.

165. 166. 167.

168.

169.

170.

17l.

172.

173.

174.

sheltered vVorluhops

38 King Edward Street, Dunedin

57 Kirkcaldy Street, Dunedin

343 North Road, Dunedin

Rankeillor Street, Dunedin

77 Stafford Street, Dunedin

50 Timaru Street, Dunedin

27 Wingatui Road, Dunedin

Barnego Nursery, Balclutha

Francis Street, Balclutha

Cnr Stewart and High Streets, Balclutha

60 Centennial Avenue, Alexandra

15 Civic Avenue, Gore 7 Oreti Street, Gore St Peters Laundry,

Pukaki Street, Gore 71 Conon Street,

Invercargill 141 Dalrymple Street,

Invercargill 70 Doon Street,

Invercargill 62 East Road,

Invercargill 82 Sydney Street,

Invercargill 54 Tweed Street,

Invercargill 186 Venus Street,

Invercargill Kimberley Centre,

Kimberley Road Levin

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1999/401 Disabled Persons Employment Promotion Order 1999

2275

SCHEDULE I-continued

ORGANISATIONS EXEMPTED FROM HOLIDAYS ACT 1981 AND MINIMUM WAGE ACT I983-continued

E .. empt Organisations

~ Trust Incorporated

Matea Trust

Presbyterian Support (East Coast)

Richmond Fellowship of NZ Incorporated

Schizophrenia Fellowship Wairarapa

Second Chance Enterprises Incorporated 1.

2.

South Waikato Achievement Trust 1. Incorporated

2.

3.

SPAN Charitable Trust

Spectrum Care Trust 1.

2.

3.

4.

Sheltered Worluhops

Manaaki Trust Training Venture, Miriama Street, Taumarunui

1016 State Highway 1, Dairy Flat, RD2 Albany

Education and Lifeskills Centre, 429 Gloucester Street, Taradale, Napier

3 Robert Street, Ellerslie, Auckland

McNeight Workshop, 425 Queen Street, Masterton

Main Drive, Porirua Hospital, Porirua

Zoodoo Woodford Gardens, Woodford Avenue, Henderson, Auckland

South Waikato Achievement Centre, 12 Thompson Street, Tokoroa

THESA Products, 123 Logan Street, Tokoroa

V.I.S.1.0.N.S., 1 Osborne Place, Tokoroa

Suite 80, 224 Cashel St, Christchurch

Workoptions-South, 533 Great South Road, Papatoetoe

Workoptions-Gardens, 69 Gadsby Road, Mangere

Workoptions-Central, I7a George Terrace, Onehunga

Workoptions-Kumeu, Little Orchard - Old North Road, Kumeu

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2276 Disabled Persons Employment Promotion Order 1999

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SCHEDULE I-continued

ORGANISATIONS ExEMPTED FROM HOUDAYS ACT 1981 AND MINIMUM WAGE ACT 1983-continued

Exempt Organisations

Step Ahead Trust

The Supported Life Style Hauraki Trust

Te Aratu Trust

Te Awamutu Gracelands Trust 1.

2.

Vanessa Lowndes Abilities Incorporated

Waikato Community Living Trust 1.

2.

3.

4.

5.

6.

Wanganui Enterprises

Sheltered Workshops

167 Stanmore Road, Christchurch

104 Amy Street, Thames

Training and Achievement Centre, 33 Tarewa Road, Rotorua

Gracelands Recycling, Waipa District Council Transfer Station, Paterangi Road, Te Awamutu

Gracelands Green Team, 48 Teasdale Street, Te A wamutu

143 Derby Street, Gisborne

Woodwork Centre, Unit D Ellis Court, cnr Ellis & Bandon Streets, Hamilton

92 Clarence Street, Hamilton

92A Clarence Street, Hamilton

Visual Artz Studio, cnr Ward Street & Seddon Road, Hamilton

6 Pembroke Lane, Hamilton

Horticulture, Reid Road, Hamilton

41 London Street, Wanganui

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1999/401 Disabled Persons Employment Promotion Order 1999

2277

SCHEDULE 2 Cl. 3

ORGANISATIONS EXEMPTED FROM MINIMUM WAGE ACT 1983 ONLY

Exempt Organisation

Abilities North Shore Incorporated 1.

2.

Auckland Sheltered Workshop l. Incorporated

Avalon Training Centre {Equality (Bay of Plenty) Incorporated)

Disabled Citizens Society Incorporated

Kaurilands Skills Centre

Supported Employment Agency Trust (Incorporated)

2.

3.

Sheltered Workshop

Abpac West, 2/448 Rosebank Road, Avondale, Auckland

North Shore, 32-34 View Road, Glenfield, Auckland

Mountain Industries, 8 Kirkbride Road, Mangere

Pinnacle Enterprises, 22-24 East Street, Newton, Auckland

Pinnacle Packaging, 206-208 Swanson Road, Henderson

Cnr Gill Lane & Main Road, Te Puna, RD2 Tauranga

421-423 Dominion Road, Mt Eden

Tokatoka Road, PO Box 203, Dargaville

Quality Furniture Mart, 15 Ti Street, Rotorua

MARIE SHROFF, Clerk of the Executive Council.

EXPLANATORY NOTE This note is not part of the order, but is intended to indicate its general effect. This order, which comes into force 28 days after notification in the Gazette, exempts

certain organisations owning or controlling specified sheltered workshops from the Minimum Wage Act 1983, or from that Act and the Holidays Act 1981.

Sheltered workshops are places owned or controlled by organisations that have been approved by the Minister of Employment and that operate Wldertakings whose object is the care, treatment, and rehabilitation of disabled persons.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 18 November 1999. This order is administered in the Department of Labour.