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Queensland
BUILDING AND
CONSTRUCTION INDUSTRY
(PORTABLE LONG SERVICE
LEAVE) AMENDMENT BILL
1994
Queensland
BUILDING AND CONSTRUCTION
INDUSTRY (PORTABLE LONG SERVICE
LEAVE) AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Replacement of s 4 (Act binds Crown) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Insertion of new Pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 1A--BUILDING AND CONSTRUCTION INDUSTRY
(PORTABLE LONG SERVICE LEAVE) AUTHORITY
Division 1--Establishment of Authority
4A Establishment of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4B Legal status of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4C Authority may operate under trading name . . . . . . . . . . . . . . . . . . . . 9
Division 2--Functions and powers of Authority
4D Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4E Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Replacement of Pt heading (Building and Construction Industry
(Portable Long Service Leave) Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Replacement of ss 5 to 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Building and Construction Industry (Portable
Long Service Leave) Amendment
8 Appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Omission of s 18 (Authentication of documents) . . . . . . . . . . . . . . . . . . . . . 12
10 Replacement of s 23 (Functions of Manager) . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Duties of general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23A Things done by general manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27A Funds manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Replacement of s 29 (Actuarial investigation of funds) . . . . . . . . . . . . . . . . 13
29 Actuarial investigation of funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
29A Application of Finance Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 31 (Application for registration) . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 32 (Approval or refusal of application for registration) . . 14
15 Amendment of s 33 (Date of registration) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 36 (Application for registration) . . . . . . . . . . . . . . . . . . . . 15
17 Replacement of ss 37 to 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
37 Approval or refusal of application for registration . . . . . . . . . . . . . . . 16
38 Employer to notify Authority of any change in circumstance . . . . . 16
18 Replacement of s 43 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
43 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of s 53 (Amount of long service leave payment) . . . . . . . . . . 17
20 Insertion of new ss 60A and 60B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
60A Notification of building and construction work . . . . . . . . . . . . . . . . . 18
60B Offence for failure to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Replacement of ss 62 and 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
62 No levy for certain building and construction work . . . . . . . . . . . . . 19
63 Exemption from payment of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Replacement of ss 65 and 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
65 Meaning of "cost of building and construction work" . . . . . . . . . . . 19
65A Liability for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Amendment of s 65D (Duty of local authority to sight approved form) . . . 20
3
Building and Construction Industry (Portable
Long Service Leave) Amendment
24 Replacement of s 67 (Voluntary performance of building and
construction work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
67 Voluntary performance of building and construction work . . . . . . . . 20
25 Omission of s 68 (Offence for failure to pay levy) . . . . . . . . . . . . . . . . . . . . 21
26 Replacement of s 70 (Additional levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
70 Additional provisions about levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Amendment of s 72 (Payment of levy by instalments) . . . . . . . . . . . . . . . . 22
28 Amendment of s 74 (Interest on, and extension of time for
payment of, levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 75 (Recovery of levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Amendment of s 77 (Reconsideration by Board) . . . . . . . . . . . . . . . . . . . . . 23
31 Replacement of s 78 (Appeal to Industrial Magistrate) . . . . . . . . . . . . . . . . 23
78 Appeal to Industrial Magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Replacement of s 82 (Keeping of books and records) . . . . . . . . . . . . . . . . . 24
82 Keeping, and inspection, of books and records . . . . . . . . . . . . . . . . . 24
33 Amendment of s 89 (General powers of authorised officer in
relation to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Amendment of s 95 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . . . 25
35 Replacement of ss 97 and 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
97 Powers of Industrial Magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
98 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
36 Insertion of new Pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 10--TRANSITIONAL
103 Members of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
104 Authority is legal successor of Board . . . . . . . . . . . . . . . . . . . . . . . . . 28
105 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
106 References to Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
107 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 30
MINOR AMENDMENTS
1994
A BILL
FOR
An Act to amend the Building and Construction Industry (Portable
Long Service Leave) Act 1991
s1 6 s4
Building and Construction Industry (Portable
Long Service Leave) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Building and Construction Industry 3
(Portable Long Service Leave) Amendment Act 1994. 4
5
Commencement
Clause 2. This Act commences on 1 January 1995. 6
amended 7
Act
Clause 3. This Act amends the Building and Construction Industry (Portable 8
Long Service Leave) Act 1991. 9
of s 3 (Interpretation) 10
Amendment
Clause 4.(1) Section 3, definitions "approved form", "award", "Board", 11
"employee", "Manager", "register of employees" and "register of 12
employers"-- 13
omit. 14
(2) Section 3-- 15
insert-- 16
` "approved form" means a form approved by the Authority. 17
"Authority" means the Building and Construction Industry (Portable Long 18
Service Leave) Authority. 19
"award" means an award within the meaning of-- 20
(a) the Industrial Relations Act 1990; or 21
(b) the Industrial Relations Act 1988 (Cwlth). 22
"board" means the Authority's board of directors. 23
s4 7 s4
Building and Construction Industry (Portable
Long Service Leave) Amendment
"building and construction industry award or agreement" means an 1
award or industrial agreement applying to the building and 2
construction industry. 3
"employee" means a person who, in the Authority's opinion, for the 4
majority of the person's ordinary hours of work, performs, or usually 5
performs, work under a contract of employment for which a rate of 6
pay is fixed by a building and construction industry award or 7
agreement, but does not include-- 8
(a) a person prescribed under the regulations to be exempt from this 9
Act; or 10
(b) a person who performs or supervises the performance of building 11
and construction work under a contract of employment with-- 12
(i) a local government; or 13
(ii) a government entity; or 14
(iii) an entity established under an Act of the Commonwealth or 15
another State. 16
"General Manager" means the Authority's general manager. 17
"industrial agreement" means an industrial agreement, certified 18
agreement or enterprise flexibility agreement under the Industrial 19
Relations Act 1990. 20
"register of employees" means the register of employees kept by the 21
Authority under this Act. 22
"register of employers" means the register of employers kept by the 23
Authority under this Act. 24
"State" includes Territory.'. 25
(3) Section 3, definition "building and construction industry", 26
paragraphs (a)(xviii) and (xix), `in the opinion of the Board'-- 27
omit, insert-- 28
`in the Authority's opinion'. 29
s5 8 s6
Building and Construction Industry (Portable
Long Service Leave) Amendment
of s 4 (Act binds Crown) 1
Replacement
Clause 5. Section 4-- 2
omit, insert-- 3
binds all persons 4
`Act
`4. This Act binds all persons, including the State and, so far as the 5
legislative power of the Parliament permits, the Commonwealth and the 6
other States.'. 7
of new Pt 1A 8
Insertion
Clause 6. After Part 1-- 9
insert-- 10
`PART 1A--BUILDING AND CONSTRUCTION 11
INDUSTRY (PORTABLE LONG SERVICE LEAVE) 12
AUTHORITY 13
1--Establishment of Authority 14
`Division
of Authority 15
`Establishment
`4A. The Building and Construction Industry (Portable Long Service 16
Leave) Authority is established. 17
status of Authority 18
`Legal
`4B.(1) The Authority-- 19
(a) is a body corporate; and 20
(b) has a seal; and 21
(c) may sue and be sued in its corporate name. 22
`(2) The Authority does not represent the State. 23
s6 9 s6
Building and Construction Industry (Portable
Long Service Leave) Amendment
`(3) The Authority is an exempt public authority under the Corporations 1
Law. 2
may operate under trading name 3
`Authority
`4C. The Authority may operate under a trading name prescribed under 4
the regulations. 5
2--Functions and powers of Authority 6
`Division
functions 7
`Authority's
`4D.(1) The Authority's primary function is to provide an equitable and 8
efficient system of portable long service leave for employees in the building 9
and construction industry. 10
`(2) The other functions of the Authority are-- 11
(a) to provide educational and awareness programs to the building 12
and construction industry to encourage employee membership 13
and industry compliance with this Act; and 14
(b) to give advice and make recommendations to the Minister on 15
issues affecting the provision of long service leave in the industry 16
and the operation of this Act; and 17
(c) to perform other functions given to the Authority under this or 18
another Act; and 19
(d) to perform functions incidental to its other functions; and 20
(e) other functions prescribed under the regulations. 21
powers 22
`Authority's
`4E.(1) The Authority has all the powers of an individual and may, for 23
example-- 24
(a) enter into contracts; and 25
(b) acquire, hold, deal with and dispose of property; and 26
s7 10 s8
Building and Construction Industry (Portable
Long Service Leave) Amendment
(c) appoint agents and attorneys; and 1
(d) charge for, and fix conditions for the supply of, the goods, 2
services and information it supplies; and 3
(e) engage consultants; and 4
(f) do anything else necessary or convenient to be done in 5
performing its functions. 6
`(2) Without limiting subsection (1), the Authority has the powers given 7
to it under this or another Act. 8
`(3) However, if the Authority intends to exercise borrowing powers, a 9
regulation must be made under section 47 of the Statutory Bodies Financial 10
Arrangements Act 1982 that-- 11
(a) declares the provisions of Part 4 of that Act that apply to the 12
borrowing; and 13
(b) prescribes the terms on which the declared provisions apply. 14
`(4) The Authority may exercise its powers inside and outside 15
Queensland. 16
`(5) Without limiting subsection (4), the Authority may exercise its 17
powers outside Australia.'. 18
of Pt heading (Building and Construction Industry 19
Replacement
(Portable Long Service Leave) Board) 20
Clause 7. Part 2, heading-- 21
omit, insert-- 22
`PART 2--OTHER PROVISIONS ABOUT THE 23
AUTHORITY'. 24
of ss 5 to 8 25
Replacement
Clause 8. Sections 5 to 8-- 26
omit, insert-- 27
s8 11 s8
Building and Construction Industry (Portable
Long Service Leave) Amendment
board 1
`The
`5. The Authority has a board of directors. 2
of board 3
`Role
`6. The board's role includes-- 4
(a) responsibility for the Authority's commercial policy and 5
management; and 6
(b) ensuring, as far as possible, the Authority achieves, and acts in 7
accordance with, its corporate goals and carries out its corporate 8
objectives outlined in its corporate plan; and 9
(c) providing advice and recommendations to the Minister on issues 10
affecting the provision of long service leave in the industry and 11
the operation of this Act; and 12
(d) ensuring the Authority otherwise performs its functions in an 13
appropriate, effective and efficient way. 14
of board 15
`Composition
`7. The board consists of the following 8 directors-- 16
(a) the chairperson; 17
(b) the deputy chairperson who must have knowledge of, and 18
experience in, financial affairs; 19
(c) 3 directors representing employers in the building and 20
construction industry; 21
(d) 3 directors representing employees who perform building and 22
construction work. 23
of directors 24
`Appointment
`8. The directors are to be appointed by the Governor in Council.'. 25
s9 12 s 11
Building and Construction Industry (Portable
Long Service Leave) Amendment
of s 18 (Authentication of documents) 1
Omission
Clause 9. Section 18-- 2
omit. 3
of s 23 (Functions of Manager) 4
Replacement
Clause 10. Section 23-- 5
omit, insert-- 6
of general manager 7
`Duties
`23. The Authority's general manager is, under its board, to manage the 8
Authority. 9
done by general manager 10
`Things
`23A. Anything done in the name of, or for, the Authority by the general 11
manager is taken to have been done by the Authority.'. 12
of new s 27A 13
Insertion
Clause 11. After section 27-- 14
insert-- 15
unds manager 16
`F
`27A.(1) The Authority may, with the Treasurer's approval, engage a 17
person (the "funds manager") to invest the Authority's funds that are not 18
immediately needed by the Authority for performing its functions. 19
`(2) The Treasurer may impose conditions on the approval and may 20
amend or revoke the approval's conditions. 21
`(3) The funds manager may, with the board's approval, invest the funds 22
in ways in addition to the ways authorised under Part 5 of the Statutory 23
Bodies Financial Arrangements Act 1982. 24
`(4) However, the funds manager must-- 25
(a) comply with the conditions imposed by the Treasurer under 26
s 12 13 s 12
Building and Construction Industry (Portable
Long Service Leave) Amendment
subsection (2); and 1
(b) operate within the investment strategy and policy decided by the 2
board; and 3
(c) report to the board about the state of the investments in the way 4
and at the times decided by the board. 5
`(5) Subsection (3) has effect despite the limitations under 6
section 29A(2) on the Authority's power to invest its funds.'. 7
of s 29 (Actuarial investigation of funds) 8
Replacement
Clause 12. Section 29-- 9
omit, insert-- 10
investigation of funds 11
`Actuarial
`29.(1) The Authority must investigate the sufficiency of the Authority's 12
funds and the adequacy of the rate of long service leave levy to be made-- 13
(a) as at 1 July 1995; and 14
(b) afterwards, at intervals of not more than 2 years. 15
`(2) An investigation must be made by an actuary. 16
`(3) An actuary who makes an investigation-- 17
(a) must finish the investigation, and report the outcome of the 18
investigation to the Authority, as soon as practicable after the date 19
at which the investigation is made; and 20
(b) must express in the report an opinion about whether any 21
reduction or increase should be made in the rate of long service 22
leave levy. 23
`(4) As soon as practicable after it receives the report, the Authority must 24
give the report to the Minister together with its recommendations on-- 25
(a) the opinion expressed by the actuary under subsection (3)(b); and 26
(b) whether the funds available are adequate to carry out the 27
Authority's functions. 28
`(5) This section does not limit the Authority's ability to make other 29
s 13 14 s 14
Building and Construction Industry (Portable
Long Service Leave) Amendment
inquiries about the sufficiency of the Authority's funds and the adequacy of 1
the rate of long service leave levy. 2
of Finance Acts 3
`Application
`29A.(1) The Authority is a statutory body within the meaning of the 4
Financial Administration and Audit Act 1977. 5
`(2) The Authority is a statutory body within the meaning of the 6
Statutory Bodies Financial Arrangements Act 1982 and Part 5 of that Act1 7
applies for the Authority.'. 8
of s 31 (Application for registration) 9
Amendment
Clause 13. Section 31-- 10
insert-- 11
`(3) The Authority, by written notice, may ask the applicant to give 12
further information or documents relevant to the application. 13
`(4) The Authority may also ask the applicant to verify information or 14
documents by statutory declaration. 15
`(5) The Authority may refuse the application if the applicant fails to 16
comply with the request without reasonable excuse.'. 17
of s 32 (Approval or refusal of application for 18
Amendment
registration) 19
Clause 14. Section 32-- 20
insert-- 21
`(2) If the Authority refuses the application, it must give the applicant 22
reasons for the refusal. 23
`(3) Subsection (1) does not require the Authority to consider an 24
application that it refuses under section 31(5).'. 25
1 Part 5 of the Statutory Bodies Financial Arrangements Act sets out the
investment powers that may apply to statutory bodies.
s 15 15 s 16
Building and Construction Industry (Portable
Long Service Leave) Amendment
of s 33 (Date of registration) 1
Amendment
Clause 15. Section 33-- 2
insert-- 3
`(4) The Authority must not, in any case, fix a date earlier than 1 July 4
1992.'. 5
of s 36 (Application for registration) 6
Amendment
Clause 16. Section 36-- 7
insert-- 8
`(3) The approved form may require an employer-- 9
(a) to state-- 10
(i) each name under which the employer is, or has been, 11
engaged in the building and construction industry; and 12
(ii) each business address of the employer; and 13
(iii) each place in Queensland where books and records 14
mentioned in section 822 may be inspected during normal 15
business hours; and 16
(b) to provide other information or produce documents that, in the 17
Authority's opinion, are relevant to the administration or 18
enforcement of this Act. 19
`(4) The Authority may require an applicant to supply further stated 20
information or documents to satisfy the Authority the applicant is an 21
employer in the building and construction industry who employs 22
employees. 23
`(5) The Authority may require the applicant to verify information or 24
documents by statutory declaration. 25
`(6) The applicant must comply with a requirement under subsection (3), 26
2 Section 82 deals with the keeping of books and records.
s 17 16 s 18
Building and Construction Industry (Portable
Long Service Leave) Amendment
(4) or (5), unless the applicant has a reasonable excuse. 1
Maximum penalty for subsection (6)--16 penalty units.'. 2
of ss 37 to 39 3
Replacement
Clause 17. Sections 37 to 39-- 4
omit, insert-- 5
or refusal of application for registration 6
`Approval
`37.(1) The Authority must consider each application made under 7
section 36 and must-- 8
(a) if satisfied that the applicant is an employer in the building and 9
construction industry who employs employees--approve the 10
application; or 11
(b) if not satisfied--refuse the application. 12
`(2) If the Authority refuses the application, it must give the applicant 13
reasons for the refusal. 14
to notify Authority of any change in circumstance 15
`Employer
`38. An employer must give written notice to the Authority of any 16
change to information given to the Authority under section 36(3) or (4) 17
within 14 days of the change happening. 18
Maximum penalty--16 penalty units.'. 19
of s 43 (Exemptions) 20
Replacement
Clause 18. Section 43-- 21
omit, insert-- 22
23
`Exemptions
`43.(1) An employer may apply to the Authority for an exemption from 24
the requirement to give a certificate of service under section 41 for an 25
employee or class of employees. 26
s 19 17 s 19
Building and Construction Industry (Portable
Long Service Leave) Amendment
`(2) The Authority may grant the exemption if the employer satisfies the 1
Authority-- 2
(a) the employer no longer employs the employee or class of 3
employees; or 4
(b) the employer complies with, or makes contributions to, a similar 5
scheme in another State about the payment of long service leave 6
payments for the employee or class of employees. 7
`(3) The Authority may, by written notice to the employer, cancel an 8
exemption granted under subsection (2) if it is satisfied the exemption 9
should no longer be given. 10
`(4) If the Authority revokes the exemption, it must give the employer 11
reasons for the revocation.'. 12
of s 53 (Amount of long service leave payment) 13
Amendment
Clause 19. Section 53(1) and (2)-- 14
omit, insert-- 15
`53.(1) In this section-- 16
"LSLP" (long service leave payment) means the amount of long service 17
leave payment. 18
"P" (pay) means the amount of ordinary pay for a normal working week 19
that is, in the Authority's opinion, payable to the registered employee 20
on the day the employee starts long service leave. 21
"relevant award or agreement" means the relevant building and 22
construction industry award or agreement. 23
"S" (service) means the number of days' service with which the registered 24
employee for whom the application is made is credited in the register 25
of employees-- 26
(a) on the day when the entitlement to long service leave 27
payment first arose; or 28
(b) if the employee or personal representative asks--on the day 29
the application is filed with the Authority. 30
s 20 18 s 21
Building and Construction Industry (Portable
Long Service Leave) Amendment
`(2) As soon as practicable after an application is made under section 50, 1
the Authority must pay to the applicant long service leave payment worked 2
out under the following formula-- 3
LSLP = S x 13 x P. 4
220 15 5
`(2A) Subsection (2) is subject to the following sections-- 6
· section 51 (Entitlement to long service leave) 7
· section 54 (Long service leave payment not payable in certain 8
cases).'. 9
of new ss 60A and 60B 10
Insertion
Clause 20. After section 60-- 11
insert-- 12
of building and construction work 13
`Notification
`60A.(1) If building and construction work is to be carried out, an 14
approved form must be filed with the Authority or its agent by or for the 15
person for whom the work is to be done. 16
Maximum penalty--16 penalty units. 17
`(2) However, the form need not be filed if levy is not payable because of 18
section 62(2)(a). 19
for failure to pay levy 20
`Offence
`60B. A person liable to pay levy and not fully exempt from payment 21
under section 63 must pay to the Authority or its agent the amount of levy 22
at or before the time for its payment. 23
Maximum penalty--16 penalty units.'. 24
of ss 62 and 63 25
Replacement
Clause 21. Sections 62 and 63-- 26
omit, insert-- 27
s 22 19 s 22
Building and Construction Industry (Portable
Long Service Leave) Amendment
levy for certain building and construction work 1
`No
`62.(1) Levy is not payable for building and construction work if the 2
work started before 1 July 1992. 3
`(2) Also, a regulation may provide that levy is not payable for-- 4
(a) specified building and construction work; or 5
(b) a specified part of specified building and construction work. 6
from payment of levy 7
`Exemption
`63.(1) A person carrying out work under an owner-builder permit is 8
exempt from payment of levy on all work carried out under the permit. 9
`(2) The Authority may exempt a person who is not substantially 10
engaged in the building and construction industry from payment of levy for 11
building and construction work, or part of the work, that the Authority is 12
satisfied is carried out for the person by the person or the person's 13
employees.'. 14
of ss 65 and 65A 15
Replacement
Clause 22. Sections 65 and 65A-- 16
omit, insert-- 17
of "cost of building and construction work" 18
`Meaning
`65.(1) The "cost of building and construction work" is-- 19
(a) the contract price for the work; or 20
(b) if the work is being done for someone other than the 21
Commonwealth and involves more than 1 contract--the total of 22
the contract prices; or 23
(c) if there is no contract price--the cost of the work as decided by 24
the Authority. 25
`(2) Despite subsection (1)(a) and (b), if the Authority is satisfied that the 26
contract price, or the total of the contract prices, for carrying out building 27
and construction work is not an accurate estimate of the cost of the work, 28
the cost may be decided by the Authority. 29
s 23 20 s 24
Building and Construction Industry (Portable
Long Service Leave) Amendment
for levy 1
`Liability
`65A. Levy for building and construction work must be paid by-- 2
(a) if the work is being done for the Commonwealth--the contractor 3
engaged by the Commonwealth to carry out the work; or 4
(b) if paragraph (a) does not apply and an application is made to a 5
local government under the Building Act 1975 for approval of the 6
work--the person who makes the application; or 7
(c) if paragraphs (a) and (b) do not apply--the person for whom the 8
work is to be done.'. 9
of s 65D (Duty of local authority to sight approved form) 10
Amendment
Clause 23. Section 65D-- 11
insert-- 12
`(3) Subsection (1) does not apply to an application about building and 13
construction work if no levy is payable for the work under section 62(2).'. 14
of s 67 (Voluntary performance of building and 15
Replacement
construction work) 16
Clause 24. Section 67-- 17
omit, insert-- 18
performance of building and construction work 19
`Voluntary
`67.(1) Levy is not payable for the voluntary component of building and 20
construction work to be carried out by or for an entity that, in the 21
Authority's opinion, is a nonprofit organisation. 22
`(2) In this section-- 23
"nonprofit organisation" means an entity formed, or carried on, for a 24
purpose other than pecuniary gain to its members. 25
"voluntary component" means the cost, in the Authority's opinion, 26
attributable to voluntary labour and donated building materials.'. 27
s 25 21 s 26
Building and Construction Industry (Portable
Long Service Leave) Amendment
of s 68 (Offence for failure to pay levy) 1
Omission
Clause 25. Section 68-- 2
omit. 3
of s 70 (Additional levy) 4
Replacement
Clause 26. Section 70-- 5
omit, insert-- 6
provisions about levy 7
`Additional
`70.(1) Subsection (2) applies if the Authority believes, on reasonable 8
grounds, that a person is liable to pay levy for building and construction 9
work. 10
`(2) The Authority may, by written notice, require the person to give the 11
Authority the information and documents about the work, including the 12
actual cost of carrying out the work, asked for in the notice within the 13
reasonable time stated in the notice. 14
`(3) The person must comply with the notice, unless the person has a 15
reasonable excuse. 16
Maximum penalty--16 penalty units. 17
`(4) If-- 18
(a) the levy payable for the actual cost of carrying out the work is 19
more than the levy that has been paid for the work; and 20
(b) the difference between the cost of the work for which levy has 21
been paid and the cost of the work for which levy is payable is 22
more than the amount prescribed under the regulations; 23
the person must pay the additional levy to the Authority without delay. 24
Maximum penalty--16 penalty units. 25
`(5) Payment of additional levy may be claimed and ordered in a 26
proceeding for-- 27
(a) recovery of the additional levy brought in a court of competent 28
jurisdiction; or 29
s 27 22 s 28
Building and Construction Industry (Portable
Long Service Leave) Amendment
(b) an offence against subsection (4) brought against the person liable 1
to pay the additional levy. 2
`(6) The additional levy must be worked out under the regulations.'. 3
of s 72 (Payment of levy by instalments) 4
Amendment
Clause 27. Section 72(1) and (2)-- 5
omit, insert-- 6
`72.(1) Despite section 65B,3 the person liable to pay long service leave 7
levy may pay the levy by instalments under this section if-- 8
(a) the cost of the building and construction work is more than an 9
amount prescribed under the regulations; and 10
(b) the time reasonably needed to perform the work is longer than 11
1 year. 12
`(2) The first instalment must not be less than the levy that would be 13
payable for building and construction work costing the amount prescribed 14
by regulation under subsection (1)(a). 15
`(2A) Each subsequent instalment of levy for the work is the amount 16
decided by the Authority and notified to the person liable to pay the levy. 17
`(2B) An instalment is payable-- 18
(a) if it is the first instalment--before the time the levy would be 19
payable if it were not payable by instalments; and 20
(b) for other instalments--at the times before the finish of the 21
building and construction work decided by the Authority and 22
notified to the person.'. 23
of s 74 (Interest on, and extension of time for payment 24
Amendment
of, levy) 25
Clause 28. Section 74(3)-- 26
omit, insert-- 27
3 Section 65B deals with when levy is payable.
s 29 23 s 31
Building and Construction Industry (Portable
Long Service Leave) Amendment
`(3) The Authority may, in special circumstances, direct that-- 1
(a) the time for payment of long service leave levy be changed to a 2
later stated time; or 3
(b) levy be payable in instalments of amounts, and at intervals, 4
decided by the Authority; or 5
(c) the amount of any interest payable under subsection (1) be 6
waived or reduced by a stated amount. 7
`(4) Subsection (3) applies despite the following sections-- 8
· section 65B (When levy is payable) 9
· section 70 (Additional provisions about levy) 10
· section 72 (Payment of levy by instalments).'. 11
of s 75 (Recovery of levy) 12
Amendment
Clause 29. Section 75(1)-- 13
omit, insert-- 14
`75.(1) Levy that has become payable to the Authority is a debt payable 15
to it.'. 16
of s 77 (Reconsideration by Board) 17
Amendment
Clause 30.(1) Section 77(1)(c), `90 days'-- 18
omit, insert-- 19
`45 days'. 20
(2) Section 77(1)(d)-- 21
omit, insert-- 22
`(d) within a longer period prescribed under the regulations; or'. 23
of s 78 (Appeal to Industrial Magistrate) 24
Replacement
Clause 31. Section 78-- 25
s 32 24 s 32
Building and Construction Industry (Portable
Long Service Leave) Amendment
omit, insert-- 1
to Industrial Magistrate 2
`Appeal
`78.(1) A person mentioned in section 77(1) may appeal to an Industrial 3
Magistrate-- 4
(a) instead of taking action under that section; or 5
(b) if dissatisfied with a decision of the Authority under 6
section 77(2). 7
`(2) A regulation may provide for-- 8
(a) the way an appeal to an Industrial Magistrate may be started and 9
conducted; and 10
(b) the powers of an Industrial Magistrate to summon witnesses and 11
documents. 12
`(3) In deciding an appeal, the Industrial Magistrate may-- 13
(a) confirm the decision appealed against; or 14
(b) set aside the decision and substitute another decision; or 15
(c) set aside the decision and return the matter to the Authority with 16
directions the Industrial Magistrate considers appropriate. 17
`(4) In substituting another decision, the Industrial Magistrate has the 18
same powers as the Authority. 19
`(5) If the Industrial Magistrate substitutes another decision, the 20
substituted decision is taken, for this Act, to be the Authority's decision. 21
`(6) The Industrial Magistrate may make an order about costs the 22
magistrate considers just.'. 23
of s 82 (Keeping of books and records) 24
Replacement
Clause 32.(1) Section 82-- 25
omit, insert-- 26
and inspection, of books and records 27
`Keeping,
`82.(1) A person who employs employees to perform building and 28
construction work must keep the books and records about employees 29
s 33 25 s 34
Building and Construction Industry (Portable
Long Service Leave) Amendment
prescribed under the regulations. 1
`(2) The regulations may prescribe the particulars about employees the 2
books and records must contain. 3
`(3) The person must-- 4
(a) preserve each book and record for at least 6 years after the last 5
entry is made in it; and 6
(b) make available for inspection by an authorised officer, or produce 7
to the authorised officer for inspection, the books and records at a 8
reasonable time and place nominated by an authorised officer; and 9
(c) permit the authorised officer to make a copy of a book or record. 10
Maximum penalty--16 penalty units. 11
`(4) A requirement under subsection (3)(b) may be made orally, but 12
must be confirmed in writing as soon as practicable.'. 13
of s 89 (General powers of authorised officer in relation 14
Amendment
to places) 15
Clause 33. Section 89(1)(d)-- 16
omit, insert-- 17
`(d) to take into the place any persons, equipment and materials the 18
authorised officer reasonably requires to exercise powers in 19
relation to the place;'. 20
of s 95 (Proceedings for offences) 21
Amendment
Clause 34. Section 95(2)-- 22
omit, insert-- 23
`(2) Proceedings for an offence against this Act must start-- 24
(a) within 1 year after the commission of the offence; or 25
(b) within 1 year after the offence comes to the complainant's 26
knowledge, but within 2 years after the commission of the 27
offence.'. 28
s 35 26 s 35
Building and Construction Industry (Portable
Long Service Leave) Amendment
of ss 97 and 98 1
Replacement
Clause 35. Sections 97 and 98-- 2
omit, insert-- 3
of Industrial Magistrate 4
`Powers
`97. For this Act, an Industrial Magistrate has all the powers conferred 5
on an Industrial Magistrate under the Industrial Relations Act 1990, as far 6
as the powers are appropriate for issues to be decided under this Act. 7
provisions 8
`Evidentiary
`98.(1) This section applies to a proceeding under this Act or another Act 9
prescribed under the regulations. 10
`(2) The appointment of a director of the board or a person appointed 11
under this Act and the authority of the chairperson of the board, or another 12
person appointed under this Act, to do anything under this Act must be 13
presumed unless a party, by reasonable notice, requires proof of the 14
appointment or authority. 15
`(3) A signature purporting to be the signature of the chairperson or other 16
appointed person is evidence of the signature it purports to be. 17
`(4) A certificate purporting to be signed by the General Manager stating 18
any of the following matters is evidence of the matter-- 19
(a) a stated document is-- 20
(i) an appointment or approval or a copy of an appointment or 21
approval; or 22
(ii) a record or document, a copy of a record or document, or an 23
extract from a record or document, kept under this Act; 24
(b) on a stated day, a stated person was or was not listed in the 25
register of employers or the register of employees; 26
(c) on a stated day, an application for registration as an employer 27
under section 36 had, or had not, been received by the Authority; 28
(d) on a stated day, a certificate of service under section 41(1)(a) or 29
(b) had, or had not, been received by the Authority; 30
s 36 27 s 36
Building and Construction Industry (Portable
Long Service Leave) Amendment
(e) on a stated day, a stated direction was made or given by the 1
Authority. 2
`(5) In a complaint starting a proceeding, a statement that the matter of 3
the complaint came to the complainant's knowledge on a stated day is 4
evidence of the matter.'. 5
of new Pt 10 6
Insertion
Clause 36. After Part 9-- 7
insert-- 8
ART 10--TRANSITIONAL 9
`P
of the board 10
`Members
`103.(1) The person who, immediately before the commencement, was 11
the chairperson of the former board becomes, on the commencement, a 12
director and the chairperson of the new board. 13
`(2) The person who, immediately before the commencement, was the 14
deputy chairperson of the former board becomes, on the commencement, a 15
director and the deputy chairperson of the new board. 16
`(3) A person who, immediately before the commencement, was a 17
member of the former board representing employers in the building and 18
construction industry becomes, on the commencement, a director of the 19
new board representing employers in the building and construction 20
industry. 21
`(4) A person who, immediately before the commencement, was a 22
member of the former board representing employees who perform building 23
and construction work becomes, on the commencement, a director of the 24
new board representing employees who perform building and construction 25
work. 26
`(5) A person mentioned in subsections (1) to (4) is entitled to the same 27
remuneration and continues in office for the same term that applied to the 28
person as a member of the former board immediately before the 29
commencement. 30
s 36 28 s 36
Building and Construction Industry (Portable
Long Service Leave) Amendment
`(6) In this section-- 1
"former board" means the Building and Construction Industry (Portable 2
Long Service Leave) Board. 3
"new board" means the Authority's board of directors. 4
`(7) Section 20A of the Acts Interpretation Act 1954 applies to this 5
section. 6
`(8) This section expires 6 months after the commencement. 7
is legal successor of Board 8
`Authority
`104.(1) The Authority is the legal successor of the Building and 9
Construction Industry (Portable Long Service Leave) Board and the assets 10
and liabilities of the Board are, by force of this section, the assets and 11
liabilities of the Authority. 12
`(2) Section 20A of the Acts Interpretation Act 1954 applies to this 13
section. 14
`(3) This section expires 6 months after the commencement. 15
proceedings 16
`Legal
`105.(1) A legal proceeding by or against the Building and Construction 17
Industry (Portable Long Service Leave) Board may be continued and 18
completed by or against the Authority established under this Act. 19
`(2) Section 20A of the Acts Interpretation Act 1954 applies to this 20
section. 21
`(3) This section expires 6 months after the commencement. 22
to Board 23
`References
`106. A reference at the commencement in an Act or instrument or other 24
document to the Building and Construction Industry (Portable Long Service 25
Leave) Board is taken to be a reference to the Building and Construction 26
Industry (Portable Long Service Leave) Authority. 27
s 36 29 s 36
Building and Construction Industry (Portable
Long Service Leave) Amendment
and renumbering of Act 1
`Numbering
`107. Section 43 (Numbering and renumbering of provisions) of the 2
Reprints Act 1992 must be used in the next reprint of the Act produced 3
under that Act.'. 4
5
30
Building and Construction Industry (Portable
Long Service Leave) Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Sections 14(10), 16(2) and (3), 22, 24, 25, 85 and 99, `Manager'-- 4
omit, insert-- 5
`general manager'. 6
2. Section 16(1), `Manager's'-- 7
omit, insert-- 8
`general manager's'. 9
3. Sections 65B(1)(a), 65D and 66(a)(i) and (b), `local authority'-- 10
omit, insert-- 11
`local government'. 12
4. Sections 17, 21, 22, 26, 27, 28(1) and (3), 30, 32 to 35, 36(2), 40 to 42, 13
44, 46(4)(b), 47 to 50, 53(8), 54(1), 56 to 59, 61, 65B to 66, 71(1)(b) and 14
(2), 72(3) to (6), 73, 75(2) to (4), 77, 79(1), 80(3)(b), 84(1)(b), (3)(b) and 15
(4)(b), 94(1) (definition "person to whom this section applies", 16
paragraph (b)), 96(4) and 99 to 101, `Board'-- 17
omit, insert-- 18
`Authority'. 19
31
Building and Construction Industry (Portable
Long Service Leave) Amendment
SCHEDULE (continued)
5. Sections 16(1) and (4), 24, 44(b) and 58 (heading), `Board's'-- 1
omit, insert-- 2
`Authority's'. 3
6. Sections 9 to 12, 13(4), 14, 20, 83, 84(1)(a) and 94(1) (definition 4
"person to whom this section applies", paragraph (a)), `member'-- 5
omit, insert-- 6
`director'. 7
7. Sections 14(3), (5) and (6), 15(1) and 20 (heading), `members'-- 8
omit, insert-- 9
`directors'. 10
8. Sections 9(2) and 83(1), `member's'-- 11
omit, insert-- 12
`director's'. 13
9. Section 9, heading-- 14
omit, insert-- 15
`Disqualification from board'. 16
10. Sections 16 and 17(a), `common seal'-- 17
omit, insert-- 18
`seal'. 19
20
© State of Queensland 1994
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