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BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991 - As at 1 February 2024 - Act 90 of 1991

- As at 1 February 2024 - Act 90 of 1991

Table of Provisions

PART 1 - PRELIMINARY

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 Sector Act 2022
  • 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

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
    • 58. (Repealed)
  • 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 7A - (Expired)

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
    • 78. (Repealed)
  • 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
  • 113 (Expired)
  • 114 (Expired)
  • 115 (Expired)

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

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

Division 8 - Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016

  • 125 Existing particular development applications or requests for compliance assessment

Division 9 - Transitional provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

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