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LONG SERVICE LEAVE (PORTABLE SCHEMES) ACT 2009

LONG SERVICE LEAVE (PORTABLE SCHEMES) ACT 2009


TABLE OF PROVISIONS

           Long Title

   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

   30.     Employers registration  
   31.     Application for registration by employers  
   32.     Dealing with applications for registration as employer  
   34.     Registration as employer  
   35.     Certificate of registration for employers  
   36.     Registered employer to notify change of details  
   37.     Appeals against refusal to register as employer  
   38.     Order to apply for registration  

           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  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           DICTIONARY
           ENDNOTES