The Amendment Act inserted a new s 220AA into the Crimes Act 1961, which provides that an employer's intentional failure to pay an employee any money owed in relation to their employment is theft.

The change means employers could be liable for imprisonment for withholding wages.

New commentary discuses the purpose of the offence, elements of the offence, definition of “employment agreement”, meaning of “required to pay any money”, requirement that the employer “intentionally” failed to pay “without reasonable excuse”, relationship of s 220AA with other offences against property, and penalty for the offence.

Westlaw:

Crimes Act 1961, s 220AA: see [CA220AA.01]–[CA220AA.08]

Please see Adams on Criminal Law – What’s New for a complete list of the amended commentary, as well as a list of recent Offences and Defences case law added.