Building and Construction Industry Long Service Payments Act 1986 (NSW)
An Act to make provision for long service payments to workers engaged in the building and construction industry; to repeal the Building and Construction Industry Long Service Payments Act 1974; and for other purposes.
This Act may be cited as the Building and Construction Industry Long Service Payments Act 1986.
Sections 1 and 2 shall commence on the date of assent to this Act.
Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(a) buildings,
(b) swimming pools,
(c) fences,
(d) roadworks, railways, airfields or other works for the carriage of persons, animals or vehicles,
(e) breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of any harbour, river or watercourse for the purpose of navigation,
(f) works for the storage or supply of water or for the irrigation of land,
(g) works for the conveyance, treatment or disposal of sewage or of the effluent from any premises,
(h) bridges, viaducts, aqueducts or tunnels,
(i) chimney stacks, cooling towers, drilling rigs, gas holders or silos,
(j) pipelines,
(k) structures, fixtures or works for use in or in conjunction with any building or other works referred to in paragraphs (a) to (j) inclusive,
(l) navigational lights, beacons or markers,
(m) works for the drainage of land,
(n) works for the storage of liquids, other than water, or of gases,
(o) works for the transmission of electric power,
(p) works for the transmission of wireless or telegraphic communications,
and includes pile driving and the preparation of the site for any building or other works referred to in paragraphs (a) to (p) inclusive.
(a) work carried out under a contract of employment for which a rate of pay is fixed by an award prescribed by the regulations, or
(b) work—
(i) carried out under a contract that is not a contract of employment, and
(ii) that would, if it had been carried out under a contract of employment, be work for which a rate of pay was fixed by an award prescribed by the regulations, or
(c) the work of a person who, under a contract of employment—
(i) directly supervises work of the kind referred to in paragraph (a) or (b), or
(ii) is a clerk of works.
(a) except as provided by paragraph (b), the amount of ordinary pay that is payable at the rate applicable for the classification “Carpenter and/or Joiner” under the Building Tradesmen (State) Construction Award published in the Industrial Gazette on 16 July 1975 in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(b) the amount of pay prescribed by, or determined in accordance with, the regulations.
(a) with any body constituted by any Act of the Parliament of a State or of the Commonwealth (other than the Royal Agricultural Society Act 1911 or a prescribed Act), or
(b) with a council, a county council or a joint organisation within the meaning of the Local Government Act 1993.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act, work performed by a person outside New South Wales shall be deemed to be building and construction work if—
(a) that work would, if it were performed in New South Wales, be building and construction work, and
(b) an amount, in the nature of a long service levy, determined by the Corporation has been paid to the Corporation in respect of that work or an agreement has been entered into with the Corporation for the payment of that amount.
A reference within the Act to a development consent under the Environmental Planning and Assessment Act 1979 includes a reference to an approval under Part 3A or Part 5.1 of that Act.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
For the purposes of this Act, a worker shall be deemed to have a year’s service for every 220 days’ service that is credited to the worker in the register of workers kept under this Act or for every period of service that is considered to be a year’s service under a corresponding law.
Subject to subsection (7), the Governor may, by order published in the Gazette—
(a) declare a State or Territory of the Commonwealth in relation to which an agreement entered into under section 55 (1) is in force to be a reciprocating State or a reciprocating Territory as the case requires, and
(b) declare a law of such a State or Territory to be a corresponding law for the purposes of this Act.
For orders under this subsection see Historical notes at the end of this Act.
A declaration shall not be made under subsection (6) (b) in respect of the law of a State or Territory unless the Governor is satisfied that the law provides for the payment of long service benefits to or in respect of workers who are or have been engaged in the building and construction industry in that State or Territory.
Notes included in this Act do not form part of this Act.
(Repealed)
There is constituted by this Act the Building and Construction Industry Long Service Payments Committee.
The Committee shall consist of 11 members, of whom—
(a) one, who shall be the Chairperson of the Committee, shall be the Chief Executive Officer or a person for the time being nominated by the Chief Executive Officer,
(b) 3 shall be persons appointed by the Minister from a panel of 6 persons nominated by Unions NSW,
(c) 3 shall be persons appointed by the Minister from a panel of 6 persons nominated jointly by the Master Builders’ Association of New South Wales and the Australian Federation of Employers and Industries, and
(d) 4 shall be persons appointed by the Minister who have a knowledge of, and experience in, the building and construction industry.
Where, for the purposes of subsection (2) (b) or (c), nominations of persons to constitute a panel are not made within the time or in the manner specified by the Minister in a written notice given to the body or organisation entitled to make the nominations, the Minister may appoint a person to be a member of the Committee instead of the person required to be appointed from that panel and the person so appointed shall be deemed to have been duly nominated.
Schedule 1 has effect with respect to the members and procedure of the Committee.
In any legal proceedings, proof is not required (until evidence is given to the contrary) of—
(a) the constitution of the Committee,
(b) any resolution of the Committee,
(c) the appointment of, or the holding of office by, any member of the Committee, or
(d) the presence of a quorum at any meeting of the Committee.
In any other Act, in any instrument made under any Act or in any other instrument of any kind, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the “Building and Construction Industry Committee” shall be read as a reference to the Building and Construction Industry Long Service Payments Committee constituted by this section.
The Committee shall have and may exercise the functions conferred or imposed on it by Part 6 or by or under any other provision of this or any other Act.
The Committee—
(a) shall furnish to the Corporation advice and recommendations on such matters relating to the administration of this Act as are referred to it by the Corporation, and
(b) may make recommendations to the Corporation with respect to—
(i) the administration of this Act,
(ii) the publicising to workers, employers and others of matters relating to the administration of this Act,
(iii) the investment of the Fund, and
(iv) the rate of any long service levy.
(Repealed)
The Corporation shall keep a register of workers in which it shall cause to be entered—
(a) the names of all persons who are registered under section 17,
(b) the date on which each such person became a registered worker,
(c) in respect of each such person, the number of days’ service in the building and construction industry with which that person is credited in accordance with Division 3, and
(d) such other information relating to workers, employers and other persons as the Corporation deems necessary for the purpose of administering this Act.
The Corporation may, for the purposes of entering in the register of workers the particulars referred to in subsection (1) (c), rely on the information contained in a certificate of service furnished under section 20 (1) or a claim for service credits furnished under section 21 (1) or on such other information as the Corporation thinks fit.
A person may at any time apply to the Corporation to be registered as a worker.
(Repealed)
An application must be made in the approved form.
An employer who employs a worker under a contract of employment must notify the Corporation of that employment within 7 days after the worker commences to perform building and construction work in New South Wales under that contract.
Maximum penalty—20 penalty units.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63.
The Corporation is to register every person who the Corporation is satisfied is a worker.
The Corporation may register a person as a worker in response to an application by the person for registration or on its own initiative.
The date on which a person becomes a registered worker is—
(a) if the person applied to be registered as a worker—the date on which application for the person’s registration was lodged with the Corporation, or
(b) if the Corporation registered the person on its own initiative—the date of that registration.
Despite subsection (1), the Corporation may, on its own initiative or at the request of a person who is registered as a worker, fix, in respect of any person or class of persons, a date of registration that is earlier than the date referred to in that subsection.
However, if a person who is registered as a worker has requested an earlier date in accordance with subsection (2), the Corporation must not fix a date that is earlier than 2 years before the request was made, unless the Corporation is satisfied that special circumstances warrant its doing so.
On the fixing of a date in accordance with subsection (2)—
(a) the person or class of persons for whom the date is fixed are taken for all purposes to have been registered on and from that date, and
(b) service credits to which the person or those persons are entitled under this Act may be credited to the person or those persons in respect of any subsequent dates.
In this section,
The Corporation is to cancel the registration of a registered worker who has not been credited with at least 5 years’ service in the register of workers if non-service days amounting to 4 years have elapsed since the last date in respect of which the worker was credited with service under this Act or in a record of building and construction workers kept under a corresponding law.
The Corporation may suspend the registration of a registered worker who has been credited with at least 5 years’ service in the register of workers if non-service days amounting to 4 years have elapsed since the last date in respect of which the worker was credited with service under this Act or in a record of building and construction workers kept under a corresponding law.
The Corporation may at any time cancel the registration of a registered worker if it is satisfied that the person concerned is not a worker and that the person’s application to become a registered worker should have been refused.
The Corporation is to cancel the registration of a worker—
(a) on the making of any payment in accordance with section 28 (1) (c), (d) or (e), or section 28 (2), in respect of the worker, or
(b) at the request of the worker.
The cancellation of the registration of a registered worker under subsection (1A) or (2) takes effect—
(a) on the expiration of the period of 42 days after the Corporation notifies the registered worker of the cancellation, or
(b) if an appeal under Part 6 is lodged against the cancellation within that period—on the date the appeal is withdrawn or the cancellation is confirmed.
On the cancellation of the registration of a worker taking effect—
(a) the person ceases to be a registered worker, and
(b) the person or the personal representative of the person is not entitled to apply for or be paid any long service payment in respect of any days’ service then credited to the person in the register of workers.
A person whose registration has been cancelled in accordance with this section may (if eligible) subsequently be registered as a worker.
The Corporation may—
(a) restore a suspended registration at any time, or
(b) restore a cancelled registration—
(i) at any time within 6 years after the date of cancellation, if the Corporation is satisfied that special circumstances exist warranting reinstatement, or
(ii) at any time, if required to do so in accordance with an agreement in force under section 55.
Restoration under subsection (6) (b) (i) of a cancelled registration may be taken by the Corporation to be effective from any date within 6 years after the date of cancellation.
If the cancelled registration of a person is restored under this section, this Act applies in relation to the person as if the person’s registration had not been cancelled.
While the registration of a worker is suspended—
(a) the worker is not to be credited in the register of workers with any service under this Act (being service during the period of suspension), and
(b) the Corporation is not required to serve any notice under section 25 (1) on the worker, and
(c) subject to section 30—
(i) the worker is entitled to apply for and be paid any long service payment in respect of any days’ service then credited to the worker in the register of workers, and
(ii) if the worker has died (whether before or after the worker’s registration was suspended)—the personal representative of the worker is entitled to apply for and be paid any long service payment in respect of any days’ service then credited to the worker in the register of workers, but only if the application is made within 2 years after the date of suspension or the date of the worker’s death (whichever is the later).
If a suspended registration is restored under subsection (6) (a), any days’ service under this Act that are credited to the worker as at the date of the suspension are to be restored.
A special circumstance warranting reinstatement of the registration of a worker under section 19(6)(b)(i) is if—
(a) the non-service days used as the basis for cancelling the registration included days (
Commonwealth place days ) on which the worker performed building and construction work at a place that—(i) is a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970, and
(ii) is within the State, and
(b) the registration would not have been cancelled if the Commonwealth place days were days of service.
An employer who employs, under a contract of employment, a worker shall—
(a) within 1 month after 30 June in each year, furnish to the Corporation a certificate of service in respect of the worker for the year immediately preceding that 30 June,
(b) within 7 days (or such other time as may be prescribed by the regulations) after the worker ceases to be so employed, furnish to the Corporation a certificate of service in respect of the worker for the period commencing on 1 July immediately preceding that cessation of employment and ending on that cessation of employment, and
(c) within such time as is specified by the Corporation in a notice served on the employer, furnish to the Corporation a certificate of service in respect of the worker for the period specified in the notice.
Maximum penalty—20 penalty units.
The Corporation may, in any particular case, extend the period within which an employer is required to furnish a certificate of service under subsection (1), but any such extension shall not exceed 2 months.
A certificate of service under subsection (1) shall—
(a) be in an approved written, electronic or other form,
(b) state whether the worker was employed by the employer during the whole of the period to which the certificate relates or, if so employed during a part only of that period, the period during which the worker was so employed,
(c) contain such particulars as are requested in the form in respect of the time spent in the performance of building and construction work,
(d) contain such particulars of building and construction work performed by the worker outside New South Wales as are requested in the form,
(e) contain such other particulars as are required by the Corporation, and
(f) be completed in accordance with any directions given by the Corporation.
(g) (Repealed)
A certificate of service under subsection (1) must be verified in such manner as the Corporation may require.
An employer is not required to furnish a certificate of service in respect of a worker or any class of workers if—
(a) the employer applies to the Corporation for an exemption from that requirement,
(b) the employer satisfies the Corporation that contributions are made to a like scheme relating to the payment of long service payments to the worker or that class of workers, as the case may be, in a Territory of the Commonwealth or in a State other than New South Wales, and
(c) the Corporation has, by notice in writing to the employer, granted the exemption and has not, by such a notice, revoked the exemption.
A registered worker may furnish to the Corporation a claim for service credits in respect of building and construction work performed by the registered worker under a contract other than a contract of employment.
A claim for service credits under subsection (1) may be furnished—
(a) within 12 months after 30 June in any year, in respect of building and construction work performed by the registered worker in the year immediately preceding that 30 June,
(b) within 12 months after the registered worker permanently ceases work in the building and construction industry, in respect of building and construction work performed by the registered worker in the period commencing on 1 July immediately preceding that cessation of work and ending on that cessation of work, or
(c) at such other times as the Corporation may approve in any particular case, in respect of building and construction work performed by the registered worker in the period specified by the Corporation in that approval.
The Corporation may, in any particular case or class of cases, extend the period within which a registered worker may furnish a claim for service credits under subsection (1).
A claim for service credits under subsection (1) shall—
(a) be in an approved written, electronic or other form,
(b) specify the amount of the assessable income (within the meaning of the Income Tax Assessment Act 1936 of the Commonwealth) derived by the registered worker from the building and construction work to which the claim relates,
(c) specify the amount of the prescribed costs incurred by the registered worker in deriving the assessable income referred to in paragraph (b),
(d) contain such particulars of building and construction work performed by the registered worker outside New South Wales as are requested in the form,
(e) contain such other particulars as are required by the Corporation, and
(f) be completed in accordance with any directions given by the Corporation.
(g) (Repealed)
A claim for service credits under subsection (1) must be verified in such manner as the Corporation may require.
The regulations may make provision for or with respect to the manner of determining the assessable income and the prescribed costs referred to in subsection (4) (b) and (c).
A claim for service credits may be furnished by a registered worker under subsection (1) for the purpose of obtaining service credits in accordance with section 23 notwithstanding that the registered worker did not perform building and construction work in the period to which the claim relates.
A registered worker who was employed on a full-time basis under a contract of employment in the performance of building and construction work for the whole of a financial year is entitled to be credited in the register of workers with 220 days’ service.
A registered worker who was so employed for a period consisting of part of a financial year only is entitled to be credited in the register of workers with a number of days’ service equal to two-thirds of the number of days in that period.
A registered worker—
(a) who was employed on a part-time basis under a contract of employment in the performance of building and construction work, or
(b) who was employed in the performance of building and construction work and other work,
during the whole or any part of a financial year is entitled to be credited in the register of workers with a number of days’ service equivalent to the number of full days (as calculated by the Corporation) of employment in building and construction work.
For the purposes of subsection (3), when calculating the number of days’ service equivalent to the number of full days of employment in building and construction work, the Corporation is to—
(a) count any day on which the registered worker performed building and construction work for more than half the worker’s ordinary work day as a full day of employment in building and construction work, and
(b) disregard any day on which the registered worker performed work (other than building and construction work) for more than half the worker’s ordinary work day.
A registered worker who was a subcontract worker performing building and construction work and who lodges a claim for service credits under section 21 is entitled to be credited in the register of workers with—
(a) 220 days’ service, if the worker’s annual income was not less than the minimum annual income, or
(b) a number of days’ service that bears to 220 the same proportion as the worker’s annual income bears to the minimum annual income, in any other case.
In this section—
This section has effect subject to section 24.
A registered worker who—
(a) performed building and construction work under a contract (whether or not a contract of employment) that was terminated (whether by the worker or the employer), and
(b) has not, since the termination of that contract, performed paid work of any kind, and
(c) in the financial year in which the contract was terminated, or in any of the 3 subsequent financial years, suffered an illness or injury that is certified in writing by a medical practitioner to be of such a nature as to render the registered worker reasonably unable to perform building and construction work (whether or not any such work was available for the registered worker and whether or not the illness or injury existed before the registered worker last performed any such work),
is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days during which the worker was certified as being unable to perform building and construction work.
A registered worker who—
(a) performed building and construction work under a contract (whether or not a contract of employment) that was terminated (whether by the worker or the employer), and
(b) has not, since the termination of that contract, performed paid work of any kind, and
(c) has, since the termination of that contract, in any financial year undertaken a training course recognised by the Corporation as being relevant to the building and construction industry in order to enhance the registered worker’s prospects of being employed in the industry,
is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent undertaking the course while unemployed during that year.
A registered worker who in any financial year performs voluntary work in the nature of building and construction work in New South Wales as a result of an emergency declared or otherwise recognised under the State Emergency and Rescue Management Act 1989 or under any similar Act of the State or of the Commonwealth, is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent performing that voluntary work during that year.
A registered worker who in any financial year performs light duty work assigned to the worker in accordance with the Workers Compensation Act 1987, while partially incapacitated for work as a result of an injury (as defined in that Act) sustained while performing building and construction work is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent performing that light duty work during that year.
Subsection (4) does not apply in respect of light duty work performed during a financial year that commenced more than 3 years after the date of the relevant injury.
A registered worker who in any financial year performed unpaid work in the nature of building and construction work on a residential building (being a building constructed or acquired by the worker solely for the purpose of subsequent sale by the worker) is entitled to be credited in the register of workers with a number of days’ service determined by the Corporation to be equivalent to the number of full days spent performing that unpaid work while unemployed during that year.
Without limiting the power of the Corporation to determine a number of days’ service to be equivalent, for the purposes of an entitlement under this section, to a number of full days in a period during which such an entitlement arises, the Corporation may, in the case of any such period that is greater than one week, determine that two-thirds of the number of days in the period is the proper service equivalent.
Entitlements under this section must be claimed by the registered worker concerned, who must make out the claim to the satisfaction of the Corporation.
This section has effect subject to section 24.
A person shall not be credited in the register of workers with any day’s service in the building and construction industry unless that day was on or after the date, shown in that register, on which the person became a registered worker.
A registered worker shall not be credited in the register of workers with more than 220 days’ service in the building and construction industry in respect of any financial year.
Where—
(a) in respect of any financial year a registered worker would, but for this subsection, be entitled to be credited in the register of workers kept under this Act with a period of service and to be credited in a record of building and construction workers’ service kept under a corresponding law with another period of service, and
(b) those periods of service together amount to more than 220 days,
the period of service with which the worker may be credited in the register of workers kept under this Act shall be adjusted as prescribed.
The adjustment referred to in subsection (2A) shall be made—
(a) on the making of an application under this Act or under a corresponding law for a long service payment to be made or a long service benefit to be paid in respect of a period of service that includes either or both of the periods of service referred to in that subsection, or
(b) at such other times as the Corporation may decide.
Where—
(a) a long service payment is made to a person as a result of an application made under section 28 (1) by virtue of the person’s having fulfilled the requirements specified in section 28 (1) (c) or (d), or
(b) a long service benefit is paid to a person as a result of an application made under a provision of a corresponding law that corresponds to section 28 (1) by virtue of the person’s having fulfilled requirements similar to those so specified,
the person shall not be credited in the register of workers with any day’s service in respect of building and construction work performed by that person during that period of 12 months immediately following the date of that application.
Section 32, however, applies to each day’s service referred to in subsection (3) as though it had been credited to the worker.
A service credit that, calculated in accordance with section 22 or 23, results in a number of days consisting of a whole number plus a fraction is to be adjusted to the next succeeding whole number.
The Corporation shall, as soon as practicable after 31 July in each year, serve on each person who on 30 June in that year was a registered worker a notice—
(a) specifying the number of days’ service in the building and construction industry, as shown in the register of workers, with which that registered worker has, in accordance with this Division, been credited in respect of the year ended on that 30 June, and
(b) specifying the total number of days’ service in the building and construction industry with which that registered worker has, in accordance with this Division, been credited.
Any person on whom a notice is served under subsection (1) may, within 6 months after the service of the notice, lodge with the Corporation an objection against the accuracy of the notice in relation to the number of days specified in the notice pursuant to subsection (1) (a).
The Corporation shall determine an objection lodged pursuant to subsection (2) and the determination of the Corporation shall, subject to any determination made by the Committee in an appeal under Part 6, be final and conclusive.
Where no objection is lodged pursuant to subsection (2) in relation to a notice or any objection so lodged is determined under subsection (3), the Corporation shall not consider any other objection relating to the accuracy of the notice unless—
(a) the objection is lodged with the Corporation within 2 years after the date of the work, activity or circumstance to which the objection relates, or
(b) the Corporation considers that special circumstances warrant its doing so.
Nothing in this section requires the Corporation to serve notice on a person who the Corporation has reason to believe is no longer to be found at the address last entered in the register of workers as the person’s place of residence or business and for whom no other address for service (including any destination for electronic transmission) is known to the Corporation.
Without limiting the generality of subsection (5), notice is not required to be served on a person for whom no more current address is known if the last 2 notices sent by the Corporation by post to the address last entered in the register of workers as the person’s place of residence or business have been returned to the sender.
Despite subsection (1), the Corporation is not required to serve a notice on a person—
(a) whose registration has been cancelled (whether before or after the 30 June to which the notice relates), or
(b) whose registration, in the opinion of the Corporation, is likely to be cancelled before the following 30 June.
However, if the Corporation has, by reason of subsection (7) (b), not served a notice on a person and by that following 30 June the person’s registration has not been cancelled, the Corporation must, as soon as possible, ensure that the relevant notice is served on the person.
(Repealed)
In this Part—
(a) except as provided by paragraph (b)—the age of 55 years, or
(b) in respect of any registered worker belonging to a class or description of registered workers specified in a regulation made for the purpose of this definition—such age, being an age under 55 years, as may be specified in the regulation as the prescribed retiring age.
(Repealed)
A person who is a registered worker having service credits in the register of workers may apply to the Corporation in the approved form for a long service payment if—
(a) the person has completed 10 years’ service as a worker,
(b) (Repealed)
(c) the person has completed 5 years’ service as a worker and satisfies the Corporation that he or she has permanently ceased to perform building and construction work,
(d) the person has completed 55 days’ service as a worker and, having attained the prescribed retiring age, satisfies the Corporation that he or she has permanently ceased to perform building and construction work,
(e) the person has completed 55 days’ service as a worker and a registered medical practitioner has certified the person to be totally and permanently incapacitated for building and construction work,
(f) the person has completed 5 years’ service as a worker since the person—
(i) first became entitled to apply for a long service payment by virtue of paragraph (a), or
(ii) would have become so entitled but for the operation of any provision of section 31,
whether or not any such payment was made, or
(g) the person has completed 5 years’ service as a worker since the person—
(i) last became entitled to apply for a long service payment under paragraph (f), or under any previous application of this paragraph, or
(ii) would have become so entitled but for the operation of any provision of section 31,
whether or not any such payment was made.
The personal representative of a person who died having service credits in the register of workers may apply to the Corporation in the approved form for a long service payment if—
(a) the person was, immediately before death, entitled to apply for a long service payment by virtue of subsection (1) (a), (f) or (g),
(b) the person had, immediately before the date of death, completed 10 or more years’ service as a worker, or
(c) the person had, immediately before that date, completed at least 55 days’ service as a worker but was not a worker referred to in paragraph (a) or (b).
A payment made by the Corporation in respect of an application under subsection (2) is valid and effectual against any demand in respect of the payment by any other person.
If payment is made in respect of an application under subsection (2), before the grant of letters of administration of the estate, to the personal representative of a person who died intestate, the personal representative holds the payment subject to the same trusts as if he or she had obtained such a grant.
A payment must not be made in respect of an application under subsection (2) after evidence has been produced to the Corporation of the grant of letters of administration of the estate, or probate of the will, of the deceased person, except to the person who has obtained the letters of administration or probate of the will (as appropriate).
In this section—
(a) a reference to service as a worker is a reference to service as a worker in New South Wales or to service as a worker partly in New South Wales and partly in one or more reciprocating States or Territories, and
(b) a reference to a period of service, in relation to a person, does not include a period of service in respect of which the person has previously received a long service payment by virtue of subsection (1) (c), (d) or (e) or a corresponding provision of the former Act or has previously received a long service benefit by virtue of a corresponding provision of a corresponding law.
In this section,
(a) in the case of a person who died wholly or partially intestate—any person who appears to the Corporation to be entitled to obtain a grant of letters of administration of the estate of the person, and
(b) in the case of a person who died testate—any person who appears to the Corporation to be entitled to receive the relevant payment under the will of the person.
As soon as practicable after an application is made to the Corporation under section 28 (1) or (2), the Corporation shall, subject to subsection (2) and section 30, pay to the applicant a long service payment calculated in accordance with the following formula—
Where a long service payment payable under subsection (1) is payable in respect of a registered worker who is or, immediately before the registered worker’s death, was a foundation worker, that long service payment is the first such payment payable in respect of that registered worker (whether under this Act or the former Act) and the application for the payment was made under—
(a) section 28 (1) (a), (f) or (g) or (2) (a) or (b), the payment under subsection (1) shall be increased by an amount calculated in accordance with the following formula—
(b) section 28 (1) (c) or (2) (c), the payment under subsection (1)—
(i) shall be increased by an amount calculated in accordance with the following formula—
(ii) where the registered worker has more than 5 years’ service credits in the register of workers—shall be further increased in accordance with the following formula—
(c) section 28 (1) (d) or (1) (e), the payment under subsection (1) shall be increased by an amount calculated in accordance with the following formula—
For the purposes of the formulae in subsections (1) and (2)—
(a) in the case of a registered worker who, in the opinion of the Corporation, performed work under a contract of employment during the whole or a majority of the relevant period before that date—the amount of ordinary pay that is, in the opinion of the Corporation—
(i) payable for the classification of the registered worker under the award fixing a rate of pay for that work, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(ii) payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by the registered worker, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(iii) if the registered worker is a person referred to in paragraph (c) (i) of the definition of
building and construction work in section 3—payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by workers under the supervision of the registered worker, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or(iv) if the registered worker is a person referred to in paragraph (c) (ii) of the definition of
building and construction work in section 3—payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by workers for whom the registered worker has responsibility in his or her capacity as a clerk of works, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(b) in any other case—an amount that is determined by the Corporation as the appropriate amount of ordinary pay at that date in respect of work on 5 working days during hours in which ordinary pay is payable and that is calculated by reference to either of the following rates—
(i) the rate of ordinary pay that is, in the opinion of the Corporation, payable under an award for work that is equivalent (or substantially equivalent) to the type of work carried out by the registered worker, or
(ii) another rate of ordinary pay that is, in the opinion of the Corporation, appropriate to the type of work carried out by the registered worker.
A reference in subsection (3) in the matter relating to P to the relevant period before any date is a reference to the last period of 55 working days before the date during which the registered worker performed building and construction work.
A reference in subsection (3) in the matter relating to P to the hours in which ordinary pay is payable is a reference to a maximum of 38 hours per week or such other period as is prescribed by the regulations.
The Corporation shall not pay to an applicant referred to in section 28 (1) (c) or (d) a long service payment unless the Corporation is satisfied that the applicant has permanently ceased work in the building and construction industry.
A registered worker is not entitled to apply for or to be paid a long service payment in respect of any day’s service credited to the registered worker in the register of workers if a long service payment under this Act or the former Act or a payment under section 32 of this Act or under section 19D of the former Act has been made in respect of that day.
A registered worker is not entitled to any benefits under section 29 (2) if a payment under section 32 of this Act or under section 19D of the former Act has been made to an employer in respect of that registered worker.
While leave from employment is not an entitlement under this Act, nothing in this Act precludes a registered worker and his or her employer from entering into an agreement by which the worker is afforded a period of unpaid leave.
A period of any such unpaid leave may be calculated by reference to the provisions of the Long Service Leave Act 1955 or in such other manner as may be agreed.
Leave taken in accordance with this section is taken, for the purposes of section 4 (11) (a1) (i) of the Long Service Leave Act 1955, to constitute an absence of the worker under the terms of the worker’s employment.
A payment to which a person becomes entitled under this Act or the former Act in respect of any period of service in the building and construction industry is to be reduced, in accordance with this section, in consequence of any benefit (including any long service leave taken in advance) due to and taken by the person under an approved long service leave scheme calculated in respect of the same period (in this section referred to as an
A person is not entitled to a payment based on service credits accrued in a period of service in respect of which the person has taken an alternative benefit, except as provided by this section.
A person who, as a consequence of the bankruptcy or liquidation of his or her employer, has taken an alternative benefit in respect of a period of service and who makes application in accordance with subsection (4) is entitled to a payment from the Corporation equal to the difference, if any, by which the alternative benefit taken falls short of the payment (calculated in respect of the same period of service) to which the person would have been entitled under this Act if the person had not taken the alternative benefit.
An application for the purposes of subsection (3) must be made to the Corporation within 3 months after the alternative benefit was taken or within such further time as may be allowed by the regulations.
Subsection (2) does not affect the value of any service credit for the purposes of calculating a payment to which a person is entitled under this Act for service in the building and construction industry in a period subsequent to a period in respect of which the person has taken an alternative benefit.
A registered worker, or the personal representative of a registered worker, who is paid any long service payment under this Act or the former Act is not, in respect of any period by reference to which that payment was calculated, entitled to any benefits under an approved long service leave scheme.
In this section,
(a) the provisions of the Long Service Leave Act 1955 or of a law of a reciprocating State or Territory that, in the opinion of the Corporation, corresponds to that Act, or
(b) a scheme in respect of which an exemption has been granted under section 5 (2) (a) of that Act or under a provision of a law of a reciprocating State or Territory that, in the opinion of the Corporation, corresponds to that paragraph.
An employer who intends to pay any alternative benefit referred to in section 31 (1) to or in respect of an employee employed (or who was employed) by the employer in building and construction work must notify the Corporation of that intention before making the payment.
Maximum penalty—20 penalty units.
Where—
(a) a person is provided with any alternative benefits referred to in section 31 (1) in respect of any period of service in the building and construction industry, and
(b) that person—
(i) was, when those benefits were provided, a registered worker, or
(ii) is the personal representative of a person who, when the person died, was a registered worker,
the Corporation shall, upon application therefor made in writing within 12 months after those benefits were provided or within such longer period (not exceeding 2 years) as the Corporation may in any particular case allow, pay to the employer who provided those benefits an amount calculated in accordance with the following formula—
where—
(a) in the case of a registered worker who, in the opinion of the Corporation, performed work under a contract of employment during the whole or a majority of the relevant period before that date—the amount of ordinary pay that is, in the opinion of the Corporation—
(i) payable for the classification of the registered worker under the award fixing a rate of pay for that work, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(ii) payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by the registered worker, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(iii) if the registered worker is a person referred to in paragraph (c) (i) of the definition of
building and construction work in section 3—payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by workers under the supervision of the registered worker, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or(iv) if the registered worker is a person referred to in paragraph (c) (ii) of the definition of
building and construction work in section 3—payable under an award fixing a rate of pay for work that is equivalent, or substantially equivalent, to the type of work carried out by workers for whom the registered worker has responsibility in his or her capacity as a clerk of works, calculated as at that date in respect of work on 5 working days during those hours in which ordinary pay is payable, or
(b) in any other case—an amount that is determined by the Corporation as the appropriate amount of ordinary pay at that date in respect of work on 5 working days during hours in which ordinary pay is payable and that is calculated by reference to either of the following rates—
(i) the rate of ordinary pay that is, in the opinion of the Corporation, payable under an award for work that is equivalent (or substantially equivalent) to the type of work carried out by the registered worker, or
(ii) another rate of ordinary pay that is, in the opinion of the Corporation, appropriate to the type of work carried out by the registered worker.
A reference in subsection (1) in the matter relating to P to the relevant period before any date is a reference to the last period of 55 working days before that date during which the registered worker performed building and construction work.
A reference in subsection (1) in the matter relating to P to the hours in which ordinary pay is payable is a reference to a maximum of 38 hours per week or such other period as is prescribed by the regulations.
Notwithstanding subsection (1), an employer is not entitled to be paid under this section—
(a) a greater amount in respect of a person than the value of the alternative benefits, referred to in section 31 (1), provided by the employer in respect of that person, calculated by reference to the same period as the payment under this section is calculated, and
(b) an amount in respect of any day’s service with which a worker has been credited in the register of workers if a long service payment or a payment under this section or section 19D of the former Act has been made in respect of that day.
Despite subsection (3), for the purposes of the formula in subsection (1),
Despite section 19, an employer is entitled to be paid, in respect of a registered worker whose registration has been cancelled under section 19, any amount that the employer would have been entitled to be paid under this section if that registration had not been so cancelled.
A person who is a registered worker may apply to the Corporation in the approved form for the payment by the Corporation of a long service benefit calculated in accordance with the provisions of the corresponding law of a reciprocating State or Territory if—
(a) the person—
(i) has completed a period of service as a worker in that State or Territory or partly in that State or Territory and partly in New South Wales, and
(ii) by virtue of having completed that service, is entitled under a provision of that corresponding law to a long service benefit payable in or reducible to cash, and
(b) the person would, if all of that service had been performed in New South Wales, have been entitled to apply for a long service payment by virtue of section 28 (1).
The personal representative of a deceased registered worker who, immediately before death, was entitled to apply for the payment of a long service benefit under subsection (1) may apply to the Corporation in the approved form for that payment to be made.
A person who, in or in support of an application made under subsection (1) or (2), makes a statement that is, to that person’s knowledge, false or misleading in a material particular is guilty of an offence and liable to a penalty not exceeding 50 penalty units.
As soon as practicable after receiving an application made under subsection (1) or (2), the Corporation shall, on being satisfied that the applicant is entitled under the relevant corresponding law to the payment of a long service benefit and on being authorised by the corresponding authority to make that payment, pay to the applicant the amount of that benefit calculated in accordance with that law.
A payment made by the Corporation in respect of an application under subsection (2) is valid and effectual against any demand in respect of the payment by any other person.
If payment is made in respect of an application under subsection (2), before the grant of letters of administration of the estate, to the personal representative of a registered worker who died intestate, the personal representative holds the payment subject to the same trusts as if he or she had obtained such a grant.
A payment must not be made in respect of an application under subsection (2) after evidence has been produced to the Corporation of the grant of letters of administration of the estate, or probate of the will, of the deceased registered worker, except to the person who has obtained the letters of administration or probate of the will (as appropriate).
An application for the payment of an amount under this section may be included in an application for a long service payment under section 28 if the periods of service to which that payment relates are consecutive and not interrupted by an interval exceeding that prescribed for the purposes of this subsection.
Where the Corporation makes a payment under this section, the Corporation must, as soon as practicable after making that payment, take all appropriate steps to secure the reimbursement of the amount of that payment by the corresponding authority of the reciprocating State or Territory concerned.
Where under a provision of a corresponding law that corresponds to this section the corresponding authority pays to a person an amount that, but for the payment, would have been payable as a long service payment under this Act—
(a) the obligation of the Corporation to make that long service payment to that person is discharged, and
(b) the Corporation shall, as soon as practicable after being notified of the payment and if satisfied that the payment was properly made, reimburse the corresponding authority accordingly.
The payment of an amount by the Corporation under subsection (7) shall be made in accordance with such terms and conditions (if any) as are specified in the agreement entered into under section 55 (1) with respect to the State or Territory in which the relevant corresponding authority is established.
In this section,
(a) in the case of a person who died wholly or partially intestate—any person who appears to the Corporation to be entitled to obtain a grant of letters of administration of the estate of the person, and
(b) in the case of a person who died testate—any person who appears to the Corporation to be entitled to receive the relevant payment under the will of the person.
Despite sections 29 and 32, the regulations may make provision for the determination of minimum and maximum amounts for P for the purposes of the formulae in those sections.
The Minister is to consult with the Committee before recommending the making of a regulation under this section.
The Committee is to advise and make recommendations to the Minister on the operation of, and any amendment to or repeal of, any regulation made under this section.
If an amount of a long service payment to a worker under section 29 or a payment to an employer under section 32 is, because of the operation of a regulation made under this section, less than the amount it would have been in the absence of the regulation, the Corporation is to notify the worker or employer in writing of that fact and give an explanation of the operation of the regulation.
In this Part, except in so far as the context or subject-matter otherwise indicates or requires—
The Corporation may, for the purposes of this Part, determine the date on which work on the erection of a building commences and the date on which work on the erection of a building is completed.
A long service levy is payable in respect of the erection of every building, except as provided by this section.
A long service levy is not payable—
(a) (Repealed)
(b) in respect of the erection of a building if a long service levy has already been paid in respect of the erection of that building or of other buildings of which that building forms part, or
(c) in the circumstances and to the extent prescribed by the regulations.
(Repealed)
A long service levy payable in respect of the erection of a building is an amount calculated at such rate as may be prescribed of the cost of erecting the building, but not exceeding the rate of 0.6 per cent of that cost.
A long service levy in respect of the erection of a building is due and payable before work is commenced on the erection of the building.
A long service levy in respect of the erection of a building is payable by—
(a) in a case where development consent, a construction certificate or a complying development certificate is required to be obtained under the Environmental Planning and Assessment Act 1979 for the erection of the building—
(i) if development consent is granted and a construction certificate is not required to be obtained—the person to whom the development consent is granted, or
(ii) if a construction certificate is required to be obtained—the person to whom the construction certificate is issued, or
(iii) if a complying development certificate is issued—the person to whom the complying development certificate is issued, or
(b) in any other case—the person for whom the building is being erected.
Where one of 2 or more persons liable to pay a long service levy in respect of the erection of a building pays that levy, the other of those persons shall not be liable to pay that levy.
In this section,
Notwithstanding section 37, where—
(a) a long service levy is payable in respect of the erection of a building,
(b) the building is being erected for the Crown, and
(c) a person has entered into a contract with the Crown to erect the building (not being a contract to execute part of the work of erecting the building),
the person is liable to pay that levy.
Notwithstanding section 37, where—
(a) a long service levy is payable in respect of the erection of a building,
(b) the building is being erected for the Crown,
(c) there is no person liable to pay that levy under subsection (2), and
(d) persons have entered into contracts with the Crown to execute parts of the work of erecting the building,
each such person is liable to pay that levy, but in the application of the provisions of this Part to any such person a reference to the erection of the building shall be construed as a reference to the execution of the work under the contract entered into by that person.
Nothing in this Part shall be construed as requiring the Crown to pay a long service levy.
If a person or body representing the Crown (
It is the duty of the Crown instrumentality to keep a copy of any such evidence for at least 6 years after it was produced.
A person who is liable to pay a long service levy in respect of the erection of a building shall—
(a) pay to the Corporation the amount of that levy, or of each instalment of that levy under section 43, before the due date for its payment, and
(b) lodge with that payment a notice in the approved form relating to that payment.
Maximum penalty—20 penalty units.
An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63.
For the purposes of this Part, the cost of erecting a building is—
(a) the cost as determined by—
(i) the consent authority granting the development consent referred to in section 37 (1) (a) (if a construction certificate is not required to be obtained), or
(ii) the certifying authority issuing the construction certificate referred to in section 37 (1) (a) (if a construction certificate is required to be obtained), or
(iii) the certifying authority issuing the complying development certificate referred to in section 37 (1) (a) (if a complying development certificate is issued), or
(b) where no such determination is made—the contract price or, if there is no contract price, the cost as determined by the Corporation.
Notwithstanding subsection (1), if the Corporation is satisfied that the determination of a consent authority or certifying authority of the cost of erecting a building, or the contract price for erecting a building, is not a genuine and accurate estimate of the cost of erecting the building, that cost may be determined by the Corporation.
In this section a reference to a person liable to pay a long service levy is a reference to—
(a) a person who has paid that levy or was liable to pay that levy when it was first due for payment as referred to in sections 37 and 38, or
(b) subject to section 38, any other person for whom the building has been or is being erected.
A person liable to pay a long service levy in respect of the erection of a building shall, if so required by the Corporation by notice in writing, furnish to the Corporation such information as is specified in the notice in relation to the actual cost of erecting the building.
Maximum penalty—20 penalty units.
Where, from such information as satisfies the Corporation, it appears to the Corporation that—
(a) any building in respect of which a long service levy is payable is wholly or partly completed,
(b) the cost of erecting the building as then determined by the Corporation exceeds the cost of erecting the building as last determined by the Corporation, and
(c) the amount of that excess is not less than the prescribed amount referred to in subsection (6),
the Corporation may, by notice in writing served on a person liable to pay the long service levy, require that person to pay to the Corporation, within such time as is specified in the notice, an additional amount of the long service levy so specified, being the amount calculated at the rate prescribed by section 35 on the amount of that excess.
A person on whom a notice is served under subsection (3) shall comply with the notice.
Maximum penalty—20 penalty units.
A notice under this section may be served on more than one occasion in respect of the erection of the same building.
For the purposes of subsection (3) (c), the prescribed amount is—
(a) except as provided by paragraph (b)—$10,000, or
(b) such other amount as may be prescribed by the regulations.
A person who has paid a long service levy in respect of the erection of a building, upon application in an approved form, is entitled to a refund of the amount of that long service levy if—
(a) in the case of a building that may not be erected on the land concerned except with development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or the erection of which is complying development within the meaning of that Act—the building has not been erected and no development consent or complying development certificate enabling the erection of the building remains in force, or
(b) in any case—the building has not been erected and the Corporation is satisfied that the building is no longer to be erected.
Regulations made for the purposes of section 34 (2) (c) may provide for a refund of the whole or part of a long service levy that had been paid in respect of a building, or by or on behalf of a person, exempted from payment of the levy.
Where, from such information as satisfies the Corporation, it appears to the Corporation that—
(a) the building in respect of which a long service levy has been paid is wholly or partly completed,
(b) the cost of erecting the building as then determined by the Corporation is less than the cost of erecting the building as last determined by the Corporation, and
(c) the amount of the difference in that cost exceeds the prescribed amount referred to in subsection (5),
the Corporation shall, upon application in an approved form, refund to the person who paid the long service levy the amount calculated at the rate prescribed by section 35 on the amount of that difference.
An application for a refund under this section may be made on more than 1 occasion in respect of the erection of the same building.
An application for a refund under this section (other than a refund under subsection (6)) must be made—
(a) within 12 months after the completion or cessation of building work on the erection of the building, or
(b) in a case where such building work never commenced—
(i) not later than 3 months after the expiry of any development consent or complying development certificate that enables the erection of the building, or
(ii) if no such consent or certificate was required or given, within 3 years after payment of the levy,
unless the Corporation considers that special circumstances warrant acceptance of the application after that time.
For the purposes of subsection (2) (c), the prescribed amount is—
(a) except as provided by paragraph (b)—$10,000, or
(b) such other amount as may be prescribed by the regulations.
On application made in accordance with subsection (7), a person who has paid a long service levy—
(a) is entitled to a refund of the amount of the levy—
(i) if it was paid in error, or
(ii) to the extent that regulations referred to in subsection (1A) so provide, or
(b) is entitled to a refund of the overpayment if the levy was overpaid in error.
An application referred to in subsection (6) must be made in an approved form within 12 months (or such other period as may be prescribed by the regulations) after the payment concerned was made, or within such further time as the Corporation may in a particular case allow.
Despite any other provision of this section, the Corporation may pay a refund to a person other than the person who paid the long service levy if, in the Corporation’s opinion, it is in the interests of justice to do so.
A payment of a refund under subsection (8) satisfies any liability of the Corporation to pay a refund to the person who paid the long service levy concerned.
Notwithstanding anything to the contrary in this Part, the person liable to pay a long service levy in respect of the erection of a building may pay that levy by instalments in accordance with this section if the Corporation is satisfied that the cost of erecting the building exceeds the prescribed amount referred to in subsection (6) and that—
(a) the time reasonably required to erect the building exceeds 1 year, or
(b) the obligation of the person to pay the long service levy in a lump sum is unduly onerous.
For the purposes of subsection (1)—
(a) each instalment of a long service levy in respect of the erection of a building shall be of such amount as may be determined by the Corporation and notified to the person liable to pay that long service levy, and
(b) the first instalment is due and payable before work is commenced on the erection of the building and the subsequent instalments are due and payable at such times before the completion of work on the erection of the building as may be so determined and notified.
Where a person pays a long service levy by instalments, any instalments of that long service levy which are not due and payable—
(a) shall not be recoverable by the Corporation, and
(b) shall not bear interest under section 46.
Where a person fails to pay any instalment of a long service levy on or before the due date for payment of that instalment—
(a) the total amount of the instalments unpaid on that date shall become due and payable to, and recoverable by, the Corporation, and
(b) section 46 shall apply in respect of the unpaid balance of the long service levy,
as if that person were not paying the long service levy by instalments in accordance with this section.
The Corporation may accept the payment of an instalment of a long service levy which is made after the due date for its payment and, for the purposes of this section, any such instalment shall, if the Corporation so directs, be deemed to have been paid on the due date for its payment.
For the purposes of subsection (1), the prescribed amount is—
(a) except as provided by paragraph (b)—$100,000, or
(b) such other amount as may be prescribed by the regulations.
The Corporation may enter into an agreement or arrangement for or with respect to the appointment of a person as its agent for the collection of long service levies.
Any such agreement or arrangement may provide for the payment out of the Fund of remuneration for the authorised agent.
A certificate purporting to be signed by the Chief Executive Officer or a person holding, or acting in, a prescribed office or position and certifying—
(a) that, on a date specified in the certificate, an amount of long service levy, so specified, in respect of the erection of a building so specified, was paid to the Corporation or an authorised agent of the Corporation,
(b) that, during a period so specified, an amount of long service levy in respect of the erection of a building so specified, was not so paid, or
(c) that no amount of long service levy was payable in respect of the erection of a building so specified,
is admissible in evidence in any proceedings and is evidence of the matters stated therein.
Any amount due in respect of a long service levy and not paid before the due date for its payment shall bear interest at the rate prescribed by subsection (4).
Any such interest shall, except for the purpose of calculating the amount of interest payable under subsection (1), be deemed to form part of the unpaid long service levy and may be recovered as an amount due in respect of a long service levy.
The Corporation may, where it considers that special circumstances warrant its doing so in any particular case, direct—
(a) that the due date for payment of any long service levy be varied to such later date as may be specified in the direction, or
A claim for service credits under section 21 (1) may not be furnished in respect of a period before the commencement of this Act, except a period approved pursuant to section 21 (2) (c).
Nothing in this clause affects the operation of Division 3 of Part 3 in respect of a person who lodges an application to become a registered worker after the commencement of this Act but who is deemed pursuant to this Act to have become a registered worker before that commencement.
If this Act commences on a date other than 1 July in any year, a certificate of service under section 20 (1) (a) or a claim for service credits under section 21 (2) (a) shall be furnished in respect of the period from the commencement of this Act to the next following 30 June.
(Repealed)
A person who was a member of the staff of the Corporation immediately before the commencement of this Act does not cease to be a member of that staff by reason only of the repeal of the former Act.
The provisions of the former Act and the regulations thereunder relating to long service charges payable under that Act in respect of any period before the commencement of this Act continue to apply to long service charges paid before that commencement and long service charges due but not paid before that commencement.
In the application of the provisions of section 27 of the former Act, as referred to in subclause (1), to any overpaid long service charges the words “within two years after the date of overpayment” shall be deemed to be omitted from that section.
The Corporation shall write off any long service charges payable by a person under the former Act in respect of any period before 1 February 1981 if—
(a) the Corporation is satisfied that all other long service charges payable by the person under the former Act have been paid before the expiration of 6 months after the commencement of this Act, and
(b) the Minister approves of those charges being written off.
Proceedings for an offence against the former Act in respect of a failure to pay any long service charges under that Act shall not be instituted if those long service charges have been written off under subclause (3).
Where, immediately before the commencement of this Act, a registered employer under the former Act is credited in the employers’ register under the former Act with a number of successive working days in respect of a worker, the worker shall, for the purposes of any payment to that employer under section 32—
(a) be deemed to be a registered worker in the period during which those working days occur, and
(b) be deemed to have been credited in the register of workers with that number of successive days’ service.
(Repealed)
The regulations may make other provisions of a savings or transitional nature consequent on the enactment of any of the following Acts—
• Building and Construction Industry Long Service Payments Amendment Act 1998
• Building and Construction Industry Long Service Payments Amendment Act 2010
A provision referred to in subclause (1) may take effect as from the commencement of the Act concerned or a later date.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein, or
(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication therein.
A provision made under subclause (1) shall, if the regulations expressly so provide, have effect notwithstanding any provision of this Schedule other than this clause.
In this Part, the
The definition of
The repeal and substitution by the amending Act of the definition of
Section 16 (2), as inserted by the amending Act, applies in respect of a worker who, immediately before its commencement, was performing building and construction work in New South Wales under a contract of employment, but so applies as if the reference in that subsection to a period of 7 days after commencing to be so employed were a reference to the period of 90 days after the commencement of section 16, as inserted by the amending Act.
An amendment made by the amending Act to section 18 does not apply in respect of an application for registration that was lodged but not determined before the date on which the amendment took effect.
Section 19 (1), as amended by the amending Act, extends to apply to workers who were registered before the commencement of that subsection.
Section 19 (1A) and (1B) extend to apply to workers who were registered before the commencement of those subsections.
Section 19 (2A) extends to apply in respect of a payment of the kind referred to in paragraph (a) of that subsection that was made before the commencement of that subsection.
Except to the extent required by any agreement in force under section 55, the provisions of section 19 (6) and (7) do not apply in respect of a registration that was cancelled before the commencement of those subsections.
The repeal and substitution by the amending Act of section 22 does not afford any person a right to be credited, in respect of service on any date before the repeal and substitution of that section took effect, that the person would not have had if the repeal and substitution had not been effected.
Section 23, as inserted by the amending Act, does not apply in respect of any activity undertaken or circumstance existing before its commencement.
The provisions of section 23, as in force before its repeal by the amending Act, continue to apply to the extent that they conferred any right with respect to any activity or circumstance referred to in subclause (1).
A person is entitled, in accordance with section 28 (1), as amended by the amending Act, to be credited with service rendered by the person as a minor to the same extent as if paragraph (c) of that subsection, as so amended, had been in force when the service was rendered.
The amendments made by the amending Act to sections 28 (1) (e) and 30 do not apply in respect of an application made under either of those provisions before the amendments took effect.
This clause applies in respect of the provision of a benefit referred to in section 31 as an alternative benefit (whether the benefit was provided before or after the repeal and replacement of that section by the amending Act).
On application made within 12 months after the provision of the alternative benefit or within such longer period (not exceeding 2 years) as the Corporation may allow, the Corporation must pay to the employer who provided those benefits an amount calculated in accordance with the formula given in section 32 (1) (as modified by subclause (3)).
For the purposes of calculating an amount payable under subclause (2), the pronumeral S in the formula referred to in that subclause is taken to represent the number of days in the period during which, as evidenced by certificates of service furnished by the employer concerned under section 20, the worker performed building and construction work in the service of the employer under a contract of employment before the alternative benefit accrued due (increased by 275 where that period commenced on the appointed day within the meaning of the former Act).
The period referred to in subclause (3) does not include any day that is later than 90 days after the commencement of section 16 (2) unless the worker was registered on that day.
Subject to subclause (4), the period during which, as referred to in subclause (3), a worker performed building and construction work in the service of an employer is taken to include any day in respect of which the worker was, by virtue of illness or otherwise, entitled to a service credit (or would have been, if the worker had been registered on that day) while employed by that employer.
A payment made before the commencement of this clause to an employer that was not lawfully made, but that could lawfully have been made if this clause had been in force at the time of the payment, is validated.
A refund of the whole or part of a levy, given before the amendments made by the amending Act to section 42 took effect, that was not lawfully given but that could lawfully have been given if those amendments had been in force at the time of the refund is validated.
The amendment made by the amending Act to section 49 does not apply to a right of appeal existing before the amendment took effect.
The amendment made by the amending Act to section 64 does not apply so as to allow proceedings to be instituted for an offence allegedly constituted by an act or omission that was more than one year old at the time the amendment took effect.
In this Part,
The substitution of the definition of
A regulation made for the purposes of that definition may provide that it is taken to have effect on and from a date earlier than the date of the making of the regulation (but not earlier than 27 March 2006).
Section 19 (8), as inserted by the amending Act—
(a) extends to a suspension of a registration that took effect before the commencement of that subsection that is still in effect, and
(b) does not apply to a period of suspension that ended before the commencement of that subsection.
Section 19 (9), as inserted by the amending Act, does not apply to a restoration of a suspended registration that took effect before the commencement of that subsection.
Section 22 (3A), as inserted by the amending Act, extends to the performance of work before the commencement of that subsection.
Sections 29 (5), 32 (2A) and 32B, as inserted by the amending Act, apply to calculations of payments after the commencement of those provisions in relation to days’ service credited to the worker concerned before and after that commencement.
Section 42 (8) and (9), as inserted by the amending Act, extend to the refund, after the commencement of those subsections, of a long service levy that was paid to the Corporation before that commencement.
Reciprocating States and Territories under sec 3 (6)—
• Australian Capital Territory—Gazette No 167 of 30.10.1987, p 6047,
• Victoria—Gazette No 82 of 29.6.1990, p 5915,
• Western Australia—Gazette No 167 of 14.12.1990, p 10988,
• South Australia—Gazette No 54 of 5.4.1991, p 2588,
• Queensland—Gazette No 76 of 3.6.1994, p 2669,
• Tasmania—Gazette No 15 of 4.2.2000, p 700,
• Northern Territory—Gazette No 75 of 9.6.2006, p 4245.
Corresponding laws under sec 3 (6)—
• Long Service Leave (Building and Construction Industry) Ordinance 1981 of the Australian Capital Territory—Gazette No 167 of 30.10.1987, p 6047,
• Construction Industry Long Service Leave Act 1983 of Victoria—Gazette No 82 of 29.6.1990, p 5915,
• Construction Industry Portable Paid Long Service Leave Act 1985 of Western Australia—Gazette No 167 of 14.12.1990, p 10988,
• Construction Industry Long Service Leave Act 1987 of South Australia—Gazette No 54 of 5.4.1991, p 2588,
• Building and Construction Industry (Portable Long Service Leave) Act 1991 of Queensland—Gazette No 76 of 3.6.1994, p 2669,
• Construction Industry (Long Service) Act 1997 of Tasmania—Gazette No 15 of 4.2.2000, p 700,
• Construction Industry Long Service Leave and Benefits Act 2005 of the Northern Territory—Gazette No 75 of 9.6.2006, p 4245.
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Building and Construction Industry Long Service Payments Act 1986 No 19. Assented to 2.5.1986. Date of commencement, secs 1 and 2 excepted, 1.7.1986, sec 2 (2) and GG No 99 of 27.6.1986, p 2947. This Act has been amended as follows—
No 149 | Building and Construction Industry Long Service Payments (Amendment) Act 1986. Assented to 17.12.1986. | |
No 48 | Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987. Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809. | |
No 79 | Miscellaneous Acts (Industrial and Commercial Training) Amendment Act 1989. Assented to 2.6.1989. Date of commencement, 1.7.1989, sec 2 (1) and GG No 81 of 30.6.1989, p 3819. | |
No 89 | Statute Law (Miscellaneous Provisions) Act 1989. Assented to 13.6.1989. Date of commencement, except as provided by sec 2 (2)–(10), assent, sec 2 (1). | |
No 132 | Statute Law (Miscellaneous Provisions) (No 2) Act 1989. Assented to 5.9.1989. Date of commencement of the amendment to the Building and Construction Industry Long Service Payments Act 1986 in Sch 1, assent, sec 2. | |
No 226 | Statute Law (Miscellaneous Provisions) Act (No 3) 1989. Assented to 21.12.1989. Date of commencement of the provisions of Sch 1 relating to the Building and Construction Industry Long Service Payments Act 1986, 1.4.1990, sec 2 and GG No 44 of 30.3.1990, p 2579. | |
No 17 | Statute Law (Miscellaneous Provisions) Act 1991. Assented to 3.5.1991. Date of commencement of the provisions of Sch 1 relating to the Building and Construction Industry Long Service Payments Act 1986, assent, sec 2. | |
No 34 | Industrial Relations Act 1991. Assented to 11.11.1991. Date of commencement, 31.3.1992, sec 2 and GG No 40 of 27.3.1992, p 1978. | |
No 57 | Statute Law (Miscellaneous Provisions) Act (No 2) 1992. Assented to 8.10.1992. Date of commencement of the provisions of Sch 2 relating to the Building and Construction Industry Long Service Payments Act 1986, 1.7.1992, Sch 2. | |
No 112 | Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of the provisions of Sch 1 relating to the Building and Construction Industry Long Service Payments Act 1986, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 4.8, 4 months after assent, sec 2 (4). | |
No 33 | Building and Construction Industry Long Service Payments Amendment Act 1998. Assented to 15.6.1998. Date of commencement of Schs 1 (Sch 1 [8] and so much of Sch 1 [24] as would insert sec 24 (5) excepted) and 3, 1.7.1998, sec 2 (1) and GG No 97 of 26.6.1998, p 4421; Sch 1 [8] and so much of Sch 1 [24] as would insert sec 24 (5) were not commenced and the Act was repealed by the Building and Construction Industry Long Service Payments Amendment Act 2010 No 15; date of commencement of Sch 2, assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act 1998 No 54. Assented to 30.6.1998. Date of commencement of Sch 2.3, assent, sec 2 (2). | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 1.3, assent, sec 2 (2). | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 1.3, assent, sec 2 (2). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 1.4, assent, sec 2 (2). | |
No 43 | Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005. Assented to 16.6.2005. Date of commencement of Sch 7.1, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.3, assent, sec 2 (2). | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 32 | Industrial Relations Amendment (Jurisdiction of Industrial Relations Commission) Act 2009 (amended by Industrial Relations Further Amendment (Jurisdiction of Industrial Relations Commission) Act 2009 No 87). Assented to 9.6.2009. The Act was not commenced and was repealed by the Industrial Relations Amendment (Industrial Court) Act 2016 No 48. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 15 | Building and Construction Industry Long Service Payments Amendment Act 2010. Assented to 18.5.2010. Date of commencement, 1.7.2010, sec 2 and 2010 (318) LW 1.7.2010. | |
No 123 | Long Service Corporation Act 2010. Assented to 7.12.2010. Date of commencement, 1.1.2011, sec 2. | |
No 2 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011. Date of commencement, assent, sec 2. | |
No 22 | Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.3, 1.10.2011, sec 2 and 2011 (509) LW 28.9.2011. | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. |
Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | ||
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 5.2, 14 days after assent, sec 2 (1). | |
No 65 | Fair Trading Legislation Amendment (Reform) Act 2018. Assented to 31.10.2018. Date of commencement of Sch 7.4, assent, sec 2 (1). | |
No 23 | Better Regulation Legislation Amendment (Miscellaneous) Act 2021. Assented to 1.11.2021. Date of commencement of Sch 1.3, assent, sec 2(1). | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. | |
No 84 | Portable Long Service Leave Legislation Amendment Act 2024. Assented to 21.11.2024. Date of commencement, assent, sec 2. |
Sec 3 | Am 1986 No 149, Sch 1; 1989 No 79, Sch 1; 1989 No 226, Sch 1; 1992 No 57, Sch 2; 1995 No 11, Sch 1; 1998 No 33, Schs 1 [1] [2], 2 [1] [2]; 1998 No 120, Sch 1.3 [1]; 2004 No 55, Sch 1.4 [1] [2]; 2005 No 43, Sch 7.1; 2007 No 27, Sch 2.4; 2010 No 15, Sch 1 [1]; 2010 No 123, Sch 2.1 [1]–[3]; 2011 No 22, Sch 2.3; 2017 No 65, Sch 2.3; 2018 No 25, Sch 5.2; 2022 No 59, Sch 3.5. |
Part 2, Div 1 | Rep 2010 No 123, Sch 2.1 [4]. |
Sec 4 | Am 1998 No 33, Sch 2 [3]; 2004 No 55, Sch 1.4 [3]; 2006 No 2, Sch 4.5 [1]. Rep 2010 No 123, Sch 2.1 [4]. |
Sec 5 | Rep 2010 No 123, Sch 2.1 [4]. |
Sec 6 | Am 1989 No 226, Sch 1; 1998 No 33, Sch 2 [3]; 2004 No 55, Sch 1.4 [3]. Rep 2006 No 2, Sch 4.5 [2]. |
Sec 7 | Am 1989 No 226, Sch 1; 1992 No 57, Sch 2; 1998 No 33, Sch 2 [4]; 2004 No 55, Sch 1.4 [4]. Rep 2010 No 123, Sch 2.1 [4]. |
Sec 8 | Am 1998 No 33, Schs 1 [3] [4], 2 [3]; 2001 No 112, Sch 1.3 [1]; 2004 No 55, Sch 1.4 [3]; 2005 No 64, Sch 2.3; 2010 No 15, Sch 1 [2]. |
Part 2, Div 3 | Rep 2010 No 123, Sch 2.1 [5]. |
Sec 10 | Rep 2010 No 123, Sch 2.1 [5]. |
Sec 11 | Rep 1998 No 33, Sch 2 [5]. |
Sec 12 | Rep 2010 No 123, Sch 2.1 [5]. |
Sec 13 | Am 1996 No 24, Sch 1. Rep 2010 No 123, Sch 2.1 [5]. |
Sec 14 | Rep 2010 No 123, Sch 2.1 [5]. |
Sec 15 | Am 1998 No 33, Sch 1 [5]; 2010 No 15, Sch 1 [3]. |
Sec 16 | Subst 1998 No 33, Sch 1 [6]. Am 2010 No 15, Sch 1 [4]. |
Sec 16A | Ins 2010 No 15, Sch 1 [5]. Am 2012 No 97, Sch 1.2 [1]. |
Sec 17 | Subst 1998 No 33, Sch 1 [6]; 2010 No 15, Sch 1 [5]. |
Sec 18 | Am 1998 No 33, Sch 1 [7]. Subst 2010 No 15, Sch 1 [6]. |
Sec 19 | Am 1986 No 149, Sch 2 (1); 1989 No 132, Sch 1; 1998 No 33, Sch 1 [9]–[12]; 2010 No 15, Sch 1 [7]–[9]; 2024 No 84, Sch 1.1[1]. |
Sec 19A | Ins 2024 No 84, Sch 1.1[2]. |
Sec 20 | Am 1992 No 112, Sch 1; 1998 No 33, Sch 1 [13]–[17]; 2010 No 15, Sch 1 [10]. |
Sec 21 | Am 1991 No 17, Sch 1; 1998 No 33, Sch 1 [18]–[21]. |
Sec 22 | Subst 1998 No 33, Sch 1 [22]. Am 2010 No 15, Sch 1 [11]. |
Sec 23 | Subst 1998 No 33, Sch 1 [22]. |
Sec 24 | Am 1986 No 149, Sch 2 (2); 1989 No 226, Sch 1; 1998 No 33, Sch 1 [23] [24]; 2010 No 15, Sch 1 [12] [13]. |
Sec 25 | Am 1998 No 33, Sch 1 [25] [26]; 2010 No 15, Sch 1 [14]. |
Sec 26 | Am 1986 No 149, Sch 2 (3); 1992 No 112, Sch 1. Rep 1998 No 33, Sch 1 [27]. |
Sec 27 | Am 1986 No 149, Sch 3 (1); 1998 No 33, Sch 1 [28]. |
Sec 28 | Subst 1986 No 149, Sch 3 (2). Am 1989 No 89, Sch 1; 1989 No 226, Sch 1; 1991 No 17, Sch 1; 1992 No 112, Sch 1; 1998 No 33, Sch 1 [29]–[31]; 2004 No 55, Sch 1.4 [5]–[7]. |
Sec 29 | Am 1989 No 226, Sch 1; 1998 No 33, Sch 1 [32] [33]; 2004 No 55, Sch 1.4 [8] [9]; 2010 No 15, Sch 1 [15]. |
Sec 30 | Am 1989 No 226, Sch 1; 1998 No 33, Sch 1 [34]. |
Sec 30A | Ins 1998 No 33, Sch 1 [35]. |
Sec 31 | Am 1986 No 149, Sch 3 (3). Subst 1998 No 33, Sch 1 [35]. |
Sec 31A | Ins 1998 No 33, Sch 1 [35]. |
Sec 32 | Am 1989 No 226, Sch 1; 1991 No 17, Sch 1; 1998 No 33, Sch 1 [36] [37]; 1998 No 120, Sch 1.3 [2]; 2004 No 55, Sch 1.4 [10]–[12]; 2010 No 15, Sch 1 [16]–[18]. |
Sec 32A | Ins 1986 No 149, Sch 3 (4). Am 1992 No 112, Sch 1; 2004 No 55, Sch 1.4 [13] [14]. |
Sec 32B | Ins 2010 No 15, Sch 1 [19]. |
Sec 33 | Am 1995 No 11, Sch 1. |
Sec 34 | Am 1995 No 11, Sch 1; 1998 No 33, Schs 1 [38], 2 [6], 3 [1] [2]. |
Sec 37 | Am 1995 No 11, Sch 1; 1998 No 33, Sch 3 [3]; 2001 No 112, Sch 1.3 [2]. |
Sec 38A | Ins 2010 No 15, Sch 1 [20]. |
Sec 39 | Am 1992 No 112, Sch 1; 2012 No 97, Sch 1.2 [2]. |
Sec 40 | Am 1998 No 33, Sch 3 [4]; 2001 No 112, Sch 1.3 [3] [4]. |
Sec 41 | Am 1992 No 112, Sch 1. |
Sec 42 | Am 1998 No 33, Schs 1 [39] [40], 3 [5] [6]; 1998 No 120, Sch 1.3 [3]; 2010 No 15, Sch 1 [21] [22]. |
Secs 45, 47 | Am 1998 No 33, Sch 2 [3]; 2004 No 55, Sch 1.4 [3]. |
Sec 49 | Am 1998 No 33, Sch 1 [41]; 2001 No 112, Sch 1.3 [5]; 2010 No 15, Sch 1 [23] [24]. |
Sec 50A | Ins 2010 No 15, Sch 1 [25]. |
Sec 54A | Ins 2010 No 15, Sch 1 [26]. |
Sec 55 | Subst 1986 No 149, Sch 4. Am 1998 No 33, Sch 2 [7]. |
Sec 56 | Am 1992 No 112, Sch 1. |
Sec 57 | Am 1998 No 33, Sch 1 [42]. Subst 2018 No 65, Sch 7.4. |
Sec 58 | Am 1992 No 112, Sch 1; 1998 No 33, Sch 1 [43]–[47]; 2021 No 23, Sch 1.3[1]; 2023 No 7, Sch 3.3. |
Secs 58AA, 58AB | Ins 2021 No 23, Sch 1.3[2]. |
Sec 58A | Ins 1998 No 33, Sch 1 [48]. |
Sec 59 | Am 1992 No 112, Sch 1; 2021 No 23, Sch 1.3[3]. |
Secs 60, 62 | Am 1998 No 33, Sch 2 [3]; 2004 No 55, Sch 1.4 [3]. |
Sec 63 | Am 2011 No 2, Sch 1.4 [1] [2]. Subst 2012 No 97, Sch 1.2 [3]. |
Sec 63A | Ins 2012 No 97, Sch 1.2 [3]. |
Sec 64 | Am 1991 No 34, Sch 3; 1996 No 121, Sch 4.8 [1] [2]; 1998 No 33, Sch 1 [49]; 2001 No 121, Sch 2.27; 2007 No 94, Sch 2; 2016 No 48, Sch 2.4; 2023 No 41, Sch 2.4. |
Sec 64A | Ins 2021 No 23, Sch 1.3[4]. |
Sec 65 | Am 1992 No 112, Sch 1. |
Sch 1 | Am 1998 No 33, Sch 1 [50] [51]; 2001 No 112, Sch 1.3 [6]; 2004 No 55, Sch 1.4 [15]; 2005 No 64, Sch 2.3; 2010 No 15, Sch 1 [27]; 2015 No 15, Sch 3.5. |
Sch 3 | Am 1987 No 48, Sch 32; 1998 No 33, Schs 1 [52]–[54] [55] (am 1998 No 54, Sch 2.3) [56], 2 [8]; 2010 No 15, Sch 1 [28] [29]. |
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