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LONG SERVICE LEAVE (PORTABLE SCHEMES) ACT 2009

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 3 Dictionary  
  • 4 Notes  
  • 5 Offences against Act—application of Criminal Code etc  

PART 2--KEY CONCEPTS

  • 6 What is a covered industry?  
  • 7 Who is an employer?  
  • 8 Who is a worker?  
  • 9 Who is an employee?  
  • 10 Who is a voluntary member?  
  • 11 What is work?  
  • 12 Declarations by Minister—additional coverage of Act  
  • 13 Declarations by Minister—limitation to coverage of Act  
  • 14 Meaning of day  
  • 15 Meaning of registration day  
  • 15A Entitlement to long service leave  

PART 4--REGISTRATION

Division 4.1--Registration of employers

Division 4.2--Registration of workers

  • 39 Workers register  
  • 40 Applications for registration by workers  
  • 41 Application by employers for registration of employee  
  • 42 Dealing with applications for registration as worker  
  • 43 Notice of registrar decisions  
  • 44 Registrar may register employee without application  
  • 45 Appeals against refusal to register as worker  
  • 46 Registration as worker  
  • 47 Service credit—employee's prior service  
  • 47A Service credit—unreported service  
  • 48 Service credit—voluntary member's prior service  

PART 5--QUARTERLY RETURNS AND PAYMENTS

  • 49 Quarterly returns by employers  
  • 49A Late fee—quarterly return  
  • 50 Levy payments by employers  
  • 51 Determination of levy—employers  
  • 52 Interest payable on levy payment  
  • 53 Interest rate  
  • 54 Quarterly returns by voluntary members  
  • 55 Levy payments by voluntary members  
  • 56 Determination of levy—voluntary members  
  • 56A Minor changes to levy—employers and voluntary members  
  • 57 Employers to keep records  
  • 58 Registered voluntary members to keep records  

PART 5A--LIABILITY OF COMPANY DIRECTORS TO PAY LEVY

  • 58A Application—pt 5A  
  • 58B Liability of directors to pay levy  

PART 6--ENTRIES IN WORKERS REGISTER

  • 59 Particulars to be entered in workers register  
  • 60 Review of ordinary remuneration by governing board  
  • 61 Notice of governing board decisions on review of ordinary  
  • 62 Effect of variation of ordinary remuneration  
  • 63 Variation of ordinary remuneration—payment of additional amounts  
  • 64 Service credit—registered worker's service  
  • 65 Removing people from workers register  
  • 66 Re-registration in workers register  

PART 7--ACCESS TO LONG SERVICE LEAVE REGISTER INFORMATION

  • 67 Information for registered workers  
  • 68 Information for employers  
  • 69 Certified copies of long service leave registers  

PART 8--ENFORCEMENT

  • 70 Definitions—pt 8  
  • 71 Appointment of inspectors  
  • 72 Identity cards  
  • 73 Power to enter premises  
  • 74 Production of identity card  
  • 75 Consent to entry  
  • 76 Power to obtain, inspect and copy records  
  • 76A Abrogation of privilege against self-incrimination  
  • 76B Warning to be given  
  • 77 Damage etc to be minimised  
  • 78 Compensation for exercise of enforcement powers  
  • 79 Enforcement of obligations  

PART 8A--ADMINISTRATION

Division 8A--.1 The authority and governing board

  • 79A Establishment of authority  
  • 79B Authority not territory instrumentality etc  
  • 79C Functions of authority  
  • 79D Delegation by authority  
  • 79E Establishment of governing board  
  • 79F Governing board members  
  • 79G Deputy chair  
  • 79H Deputy registrar  
  • 79I Functions of governing board  

Division 8A--.1A Staff of the authority

  • 79J Meaning of staff of the authority—pt 8A  
  • 79JA Employment of staff  
  • 79JAA Transitional—public servant staff  
  • 79JB Consultants  
  • 79JC Delegation by registrar  
  • 79JD Other arrangements for staff and facilities  

Division 8A--.2 Finances

  • 79K Money of authority  
  • 79L Application of authority money  
  • 79M Authority money—separate funds for covered industries  
  • 79N 3-yearly investigation by actuary  

PART 9--NOTIFICATION AND REVIEW OF DECISIONS

  • 80 Definitions—pt 9  
  • 80A Internal review of certain decisions  
  • 80B Applications for internal review  
  • 80C Internal review  
  • 81 Reviewable decision notices  
  • 82 Review of decisions by ACAT  

PART 10--MISCELLANEOUS

  • 83 Evidentiary certificates  
  • 84 Disclosure of information to territory entities and reciprocal  
  • 86 No contracting out  
  • 88 Benefits under other laws—election  
  • 89 Benefits under other laws—reimbursement of employer  
  • 89A Authority reimbursement of certain payments  
  • 90 Reciprocal agreements for corresponding laws  
  • 91 Determination of fees  
  • 93 Regulation-making power  
  • 97A Transitional—entitlement to payment instead of leave  

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