Queensland Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Definitions
   3AA.    Meaning of building and construction industry
   3A.     Who is an eligible worker
   3B.     When an individual is not an eligible worker
   4.      Meaning of substantially engaged in the building and construction industry
   5.      Act binds all persons

           Part 2--Building and Construction Industry (Portable Long Service Leave) Authority

           Division 1--Establishment of authority

   6.      Establishment of authority
   7.      Legal status of authority
   8.      Authority may operate under trading name

           Division 2--Functions and powers of authority

   9.      Authority's functions
   10.     Authority's powers

           Part 3--Other provisions about the authority

   11.     The board
   12.     Role of board
   13.     Composition of board
   14.     Appointment of directors
   15.     Disqualification from board
   16.     Term of office
   17.     Vacating office
   18.     Casual vacancy
   19.     Board meetings
   20.     Procedure at meetings etc.
   21.     Minutes
   22.     Custody and affixing of seal
   23.     Execution of contracts and agreements
   24.     Remuneration of directors

           Part 4--Administration

   25.     Administration subject to Minister
   26.     General manager and staff employed under Public Service Act
   27.     Duties of general manager
   28.     Things done by general manager
   29.     General manager's power of delegation
   30.     Judicial notice of signatures
   31.     Use of services of public service employees

           Part 5--Financial provisions

   32.     Funds of authority
   33.     Dealing with building and construction industry training levy
   34.     Proposed budget and progress budget reports
   35.     Actuarial investigation of funds
   36.     Application of Finance Acts

           Part 6--Registration and service credits

           Division 1--Register of workers

   37.     Authority to keep register of workers
   38.     Application for registration
   39.     Approval or refusal of application for registration
   40.     When person becomes a registered worker
   41.     Cancellation of registration

           Division 2--Register of employers

   42.     Authority to keep register of employers
   43.     Application for registration
   44.     Approval or refusal of application for registration
   45.     Employer to notify authority of any change in circumstance
   46.     Cancellation of registration as a registered employer
   46A.    Authority may require information or documents from person believed to be employer

           Division 3--Service credits

   47.     Certificate of service to be supplied by employers
   48.     Form and contents of certificate
   49.     Exemptions
   50.     Number of days' service
   51.     Year's service
   51A.    Service credits for injured workers
   52.     Limitations on service credits
   53.     Notice to registered workers of service credits
   54.     Retrospective service credits
   55.     Application for retrospective service credits

           Part 7--Long service leave

   56.     Application for entitlement to long service leave or payment instead of long service leave
   57.     Entitlement to long service leave
   59.     Amount of long service leave payment
   59A.    Maximum amount of ordinary pay for normal working week
   60.     Long service leave payment not payable in certain cases
   61.     Election to take benefits under this Act or Industrial Relations Act
   62.     Payments to employers
   62AA.   Maximum amount of ordinary pay for normal working week
   62A.    Payment to worker or personal representative instead of employer in particular circumstances
   63.     Entitlement to long service leave payment for service in reciprocating State or Territory
   64.     Authority's liability confined to long service leave
   65.     Payment when due

           Part 8--Levies

   66.     Imposition of levies
   67.     Notification of building and construction work
   68.     Offence for failure to pay levy
   68A.    Deciding who is person for whom work is to be done or was to be done
   69.     Power of authority to decide day when building and construction work starts and ends
   70.     No levy for certain building and construction work
   71.     Exemption from payment of levy
   72.     Rate of levy
   73.     Meaning of cost of building and construction work
   74.     Liability for levy
   75.     When levy is payable
   76.     Government entity to notify authority of building and construction work
   77.     Duty to sight approved form
   79.     Voluntary performance of building and construction work
   80.     Additional provisions about levy
   81.     Refunds of levy
   82.     Payment of levy by instalments
   83.     Appointment of agents for collection of levy
   84.     Interest on, and extension of time for payment of, levy
   85.     Recovery of levy
   86.     Penalties no relief from levy

           Part 9--Appeals

   87.     Reconsideration by authority
   88.     Appeal to industrial magistrate
   89.     Appeal from industrial magistrate to Industrial Court

           Part 10--Miscellaneous

   90.     Arrangements with other States and with Territories
   90A.    Arrangements with other entities
   91.     Declaration
   92.     Keeping, and inspection, of books and records
   93.     Conflict of interest
   94.     Holders of office to act honestly and with propriety
   95.     Authorised officers
   96.     Authorised officer to produce identity card
   97.     Entry and search—monitoring compliance
   98.     Entry and search—evidence of offences
   99.     General powers of authorised officer in relation to places
   100.    Monitoring warrant
   101.    Offence related warrant
   102.    Obstruction etc. of authorised officers
   103.    False or misleading statements
   104.    Secrecy
   105.    Proceedings for offences
   106.    Certain persons liable for offences by unincorporated bodies
   107.    Powers of industrial magistrate
   108.    Evidentiary provisions
   109.    Certificate as to payment of levy
   110.    Indemnity to persons administering Act
   111.    Protection of worker from dismissal
   111A.   Penalties to be paid to authority
   112.    Regulations

           Part 11--Transitional provisions

           Division 1--Transitional provision for Building and Construction Industry (Portable Long Service Leave) Amendment Act 1994

   116.    References to board

           Division 2--Transitional provisions for Building and Construction Industry (Portable Long Service Leave) Amendment Act 1998

   117.    Register of employees
   118.    Registered employees

           Division 3--Transitional provision for WorkCover Queensland and Other Acts Amendment Act 2000

   119.    Government apprentices and trainees

           Division 4--Transitional provisions for Building and Construction Industry (Portable Long Service Leave) Amendment Act 2005

   120.    Eligible workers
   121.    Notice of cancellation of employer's registration

           Division 5--Transitional provisions for Transport and Other Legislation Amendment Act 2008, part 12, division 2

   122.    Cap applicable to all applications received on or after commencement

           Division 6--Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009

   123.    Notices published in industrial gazette

           Division 7--Transitional provisions for Work Health and Safety Act 2011

   124.    Liability to pay fee under regulation preserved
           SCHEDULE -- DICTIONARY
           Endnotes