Supplementary Provisions

This Act comes into effect on April 1, 2006; provided, however, that the provisions amending Article 6, the provisions amending Article 20, the provisions amending Article 25, the provisions amending Article 49, paragraph (1) (excluding the part pertaining to item (i) of that paragraph, the part adding an item after item (viii) of that paragraph, and the part pertaining to item (ix) of that paragraph), the provisions amending Article 50, the provisions amending Article 52, the provisions amending Article 74 (excluding the part deleting the heading), the provisions amending Article 77, the provisions amending Article 86, the provisions adding two Articles after that Article (limited to the part pertaining to Article 86-2), the provisions amending Article 87, and the provisions amending Article 4, paragraph (5) of the Supplementary Provisions (limited to the part adding "and paragraph (5)" after "Article 50, paragraph (4)"), and the provisions of Article 4, Article 5, paragraph (1), Articles 6 through 8, and Article 10 of the Supplementary Provisions come into effect on October 1, 2005.

In the case where three years have elapsed after this Act comes into effect, the government is to review the provisions of the Act to Facilitate the Employment of Persons with Disabilities as amended by this Act (hereinafter referred to as the "New Act"), taking into account the status of their enforcement, and take the necessary measures based on the results.

Among the orders issued pursuant to Article 46, paragraph (1) of the Act to Facilitate the Employment of Persons with Disabilities before amendment by this Act (hereinafter referred to as the "Former Act") during the period from the date of promulgation of this Act to the day before the date on which this Act comes into effect (hereinafter referred to as the "Effective Date"), an order directed at an employer that would not fall under Article 46, paragraph (1) of the New Act if the provisions of Article 72-4, paragraphs (4) and (5) of the New Act, and of Article 71, paragraphs (4) and (5) of the New Act as applied mutatis mutandis with the terms replaced in Article 72-6 of the New Act, were applied on the day the order was issued ceases to be effective on the Effective Date.

With regard to a benefit payment under Article 77, paragraph (1) of the Former Act for which the grounds for payment arose before the date prescribed in the proviso to Article 1 of the Supplementary Provisions, the provisions then in force continue to govern.

①The provisions of Article 50, paragraph (4) of the New Act and Article 4, paragraph (8) of the Supplementary Provisions of the New Act apply to the monetary adjustments for the employment of persons with disabilities referred to in Article 50, paragraph (1) of the New Act and the monetary incentives referred to in Article 4, paragraph (3) of the Supplementary Provisions of the New Act that are paid on or after October 1, 2005.

②In addition to what is provided for in the preceding paragraph, with regard to the collection of the Persons with Disabilities Employment Levy and the payment of monetary adjustments for the employment of persons with disabilities and monetary incentives for fiscal years up to and including fiscal year 2005, the provisions then in force continue to govern.

With regard to the application of Article 74, Article 86, item (i) and Article 87, paragraph (1) of the New Act, and of paragraph (1) of the preceding Article, during the period from the date prescribed in the proviso to Article 1 of the Supplementary Provisions to the day before the Effective Date, the phrase "research on facilitating the employment of persons with disabilities other than persons with physical disabilities, etc." in the heading of Article 74 is deemed to be replaced with "implementation of payment operations for subsidies related to persons with disabilities other than persons with physical disabilities, etc.", the phrase ", Article 52, paragraph (2), Article 74-2, paragraph (7), or Article 74-3, paragraph (20)" in Article 86, item (i) with "or Article 52, paragraph (2)", the phrase "Articles 85-2 through the preceding Article" in Article 87, paragraph (1) with "Articles 86 and 86-2", and the term "fine" in that paragraph with "penalty", and the phrase "Article 4, paragraph (8) of the Supplementary Provisions of the New Act" in paragraph (1) of the preceding Article with "Article 4, paragraph (5) of the Supplementary Provisions of the New Act".

Beyond what is provided for in these Supplementary Provisions, transitional measures necessary incidental to the enforcement of this Act are specified by Cabinet Order.

With regard to the application of penal provisions to acts committed before this Act (or, for the provisions prescribed in the proviso to Article 1 of the Supplementary Provisions, those provisions) comes into effect (excluding acts that fall under Article 86, item (ii) of the Former Act and that pertain to an order under Article 46, paragraph (1) of the Former Act that ceases to be effective on the Effective Date pursuant to the provisions of Article 3 of the Supplementary Provisions) and to acts committed after this Act comes into effect in the cases where the provisions then in force continue to govern pursuant to the provisions of Article 4 of the Supplementary Provisions, the provisions then in force continue to govern.