New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 21

21 Subcontract workers-claims for service credits

(1) 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.

(2) 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.

(3) 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).

(4) 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.

(5) A claim for service credits under subsection (1) must be verified in such manner as the Corporation may require.

(6) 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).

(7) 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.