BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - As at 5 December 2023 - Act 19 of 1986

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions

PART 2 - ADMINISTRATION

Division 1 - (Repealed)

Division 2 - Building and Construction Industry Long Service Payments Committee

• 8 Constitution of Committee
• 9 Functions of Committee

Division 3 - (Repealed)

PART 3 - REGISTRATION OF WORKERS AND SERVICE CREDITS

Division 1 - Register of workers

• 15 Corporation to keep register of workers

Division 2 - Registration of workers

• 16 Applications for registration
• 16A Employer to notify Corporation of employment of workers
• 17 Registration
• 18 Date of registration
• 19 Cancellation or suspension of registration

Division 3 - Service credits

• 20 Contract of employment workers--certificates of service to be supplied by employers
• 21 Subcontract workers--claims for service credits
• 22 Service credits for building and construction work
• 23 Service credits in other cases
• 24 Limitations on and adjustments of service credits
• 25 Notice to registered workers of service credits
26. (Repealed)

PART 4 - LONG SERVICE PAYMENTS

• 27 Definition
• 28 Entitlement to long service payments
• 29 Amount of long service payment
• 30 Long service payment not payable in certain cases
• 30A Long service leave
• 31 Benefits under other laws
• 31A Payment of alternative benefits to be notified
• 32 Payments to employers
• 32A Entitlement to long service benefit for service in a reciprocating State or Territory
• 32B Deemed minimum and maximum rates of pay

PART 5 - LONG SERVICE LEVIES

• 33 Definitions
• 34 Buildings in respect of which long service levy payable
• 35 Rate of long service levy
• 36 Date long service levy becomes payable
• 37 Person liable to pay long service levy
• 38 The Crown and contractors to the Crown
• 38A Crown contractors to give evidence of levy payment to Crown
• 39 Offence for failure to pay long service levy
• 40 Determination of cost of erecting building for purposes of this Part
• 41 Supplementary payment of long service levies
• 42 Refunds of long service levies
• 43 Payment of long service levies by instalments
• 44 Authorised agents for collection of long service levies
• 45 Certificate as to payment of long service levies
• 46 Interest on, and extension of time for payment of, long service levies
• 47 Recovery of long service levies
• 48 Penalties no relief from long service levies

PART 6 - APPEALS TO COMMITTEE

• 49 Appeal against refusal or cancellation of registration
• 50 Appeal against refusal of service credits
• 50A Appeal against limitation of long service payment by operation of deemed minimum and maximum rates of pay
• 51 Appeal in relation to long service levy
• 52 Appeal in relation to payment of interest on long service levies etc
• 53 Hearing and determination of appeals by 2 or more members
• 54 Appeals--general provisions
• 54A Personal representative of deceased person may appeal on person's behalf

PART 7 - MISCELLANEOUS

• 55 Arrangements with other States and Territories
• 56 Keeping of books and records
• 57 Service of documents
• 58 Power of entry and inspection
• 58AA Power to take possession of records to be used as evidence
• 58AB Exchange of information
• 58A False statements
• 59 Disclosure of information
• 60 Authentication of certain documents by Corporation
• 61 Recovery of charges etc by Corporation
• 62 Protection from liability
• 63 Liability of directors etc for offences by corporation--offences attracting executive liability
• 63A Liability of directors etc for offences by corporation--accessory to the commission of the offences
• 64 Proceedings for offences
• 64A Penalty notices
• 65 Regulations
• 66 Repeals
• 67 Savings, transitional and other provisions
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3