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CONTRACT CLEANING INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 2005 - As at 1 February 2024 - Act 21 of 2005

- As at 1 February 2024 - Act 21 of 2005

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Act binds all persons
  • 4 Main purpose of this Act

PART 2 - INTERPRETATION

PART 3 - CONTRACT CLEANING INDUSTRY (PORTABLE LONG SERVICE LEAVE) AUTHORITY

Division 1 - Establishment of authority

  • 13 Authority established

Division 2 - Functions and powers of authority

  • 14 Authority’s functions
  • 15 Authority’s powers

Division 3 - Establishment of board for authority

  • 16 Board established
  • 17 Composition of board
  • 18 Appointment of directors
  • 19 Disqualification from board
  • 20 Vacation of office
  • 21 Casual vacancy
  • 22 Remuneration and other entitlements of directors

Division 4 - Business of the board

  • 23 Conduct of business
  • 24 Frequency of meetings
  • 25 Presiding at meetings
  • 26 Quorum
  • 27 Conduct of meetings
  • 28 Decisions made by written reference
  • 29 Minutes
  • 30 Disclosure of interests by directors of the board

Division 5 - Administration

  • 31 Administration subject to Minister
  • 32 General manager
  • 33 Management of authority by general manager
  • 34 Staff of the authority
  • 35 Authority’s seal
  • 36 Judicial notice of signatures
  • 37 Document presumed to be properly made
  • 38 Contracts or agreements
  • 39 Agreement about administration of this Act

Division 6 - Financial provisions

  • 40 Funds of authority
  • 41 Proposed budget and progress budget reports
  • 42 Actuarial investigation of funds
  • 43 Application of Finance Acts

PART 4 - REGISTRATION

Division 1 - Registration of workers

  • 44 Authority to keep register of workers
  • 45 Particulars to be entered in register of workers
  • 46 Application for registration as a registered worker
  • 47 Grant or refusal to grant application for registration as a registered worker
  • 48 Worker may become a registered worker other than by application
  • 49 When does a person become a registered worker
  • 50 Cancellation of registration as a registered worker

Division 2 - Registration of employers

  • 51 Authority to keep register of employers
  • 52 Particulars to be entered into register of employers
  • 53 Application for registration as a registered employer
  • 54 Court order about application for registration as a registered employer
  • 55 Grant or refusal to grant application for registration as a registered employer
  • 56 Employer to give notice of a change to information given
  • 57 Cancellation of registration as a registered employer

Division 3 - Power to ensure employers are registered

  • 58 Authority may require information or documents from employer

PART 5 - SERVICE CREDITS, RETURNS AND NOTICES

  • 59 What is an engagement period for a worker
  • 60 Crediting service
  • 61 Limitations on crediting service
  • 62 Returns
  • 63 Payments of levy
  • 64 Exemption from lodging return
  • 65 Civil penalty for failure to give return or pay levy
  • 66 Employer to keep record for each worker
  • 67 Notice to registered workers about service credits
  • 68 Decisions about ordinary wages by the authority
  • 69 Retrospective service credits
  • 70 Time frames for application for retrospective service credits

PART 6 - LONG SERVICE LEAVE

  • 71 Application for long service leave entitlement
  • 72 Entitlement to long service leave
  • 73 Amount of long service leave payment
  • 74 Long service leave not payable in particular cases
  • 75 Payments to employers
  • 76 If employer unable to pay benefit
  • 77 Authority may pay if employer insolvent
  • 78 If credit for service accrued elsewhere
  • 79 If a corresponding authority pays
  • 80 Authority’s liability confined to long service leave
  • 81 Payment may be deferred

PART 6A - (Expired)

PART 7 - LONG SERVICE LEAVE LEVY

  • 82 Imposition of levy
  • 83 Amount of levy
  • 84 Authority may give notice if levy is not paid
  • 85 Additional levy payments
  • 86 Appointment of agents for collection of levy amounts
  • 87 Interest on, and extension of time for payment of, levy
  • 88 Recovery of levy amount
  • 89 Penalties no relief from levy

PART 8 - APPEALS

Division 1 - Purpose of this part

  • 90 Purpose of pt 8

Division 2 - Internal reconsideration of original decision

  • 91 Reconsideration of original decision of authority

Division 3 - Appeals to industrial magistrate

  • 92 Appeal
  • 93 Starting appeal
  • 94 Directions
  • 95 Where appeal heard
  • 96 Attendance notice

Division 4 - Appeal to industrial commission

  • 97 Appeal
  • 98 Nature of appeal
  • 99 Decision on appeal

Division 5 - Appeal to industrial court

PART 9 - AUTHORISED OFFICERS AND THEIR POWERS

Division 1 - Authorised officers

  • 101 Appointment and qualifications
  • 102 Appointment conditions and limit on powers
  • 103 Issue of identity card
  • 104 Production or display of identity card
  • 105 When authorised officer ceases to hold office
  • 106 Return of identity card

Division 2 - Procedure for entry

  • 107 Power to enter places
  • 108 Entry with consent
  • 109 Application for warrant
  • 110 Issue of warrant
  • 111 Application by electronic communication and duplicate warrant
  • 112 Defect in relation to a warrant
  • 113 Warrants—procedure before entry

Division 3 - Powers of authorised officers after entry

  • 114 General powers of authorised officer after entering places
  • 115 Power to require reasonable help or information

Division 4 - Power of authorised officers to seize evidence

  • 116 Seizing evidence at place
  • 117 Securing seized things
  • 118 Tampering with seized things
  • 119 Powers to support seizure
  • 120 Receipt for seized things
  • 121 Forfeiture of seized things
  • 122 Dealing with forfeited things
  • 123 Return of seized things
  • 124 Access to seized things

Division 5 - Other enforcement matters

  • 125 Authorised officer may require record kept under s 66
  • 126 False or misleading information
  • 127 False or misleading document
  • 128 Obstructing authorised officers
  • 129 Impersonation of authorised officer
  • 130 Notice of damage
  • 131 Compensation
    • 132. (Repealed) 133. (Repealed)
  • 134 Holders of office to act honestly and with propriety
  • 135 Offence of improper disclosure of information
  • 136 Protection of person from dismissal

PART 10 - PROCEEDINGS FOR OFFENCES

  • 137 Proceedings for offences
  • 138 Powers of industrial magistrate
  • 139 Evidentiary certificates about returns
  • 140 Evidentiary certificates about levy payments
  • 141 Other evidentiary certificates
  • 142 Other evidentiary provisions
  • 143 Penalties to be paid to authority

PART 11 - MISCELLANEOUS

  • 144 Arrangements with other States
  • 145 Declaration about arrangements with other States
  • 146 General manager’s power of delegation
  • 147 Protecting officials from liability
  • 148 Authority may indemnify person administering Act
  • 149 Approved forms
  • 150 Regulation-making power

PART 12 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provisions for Act No. 21 of 2005

  • 151 Relationship with other Acts, awards etc.
  • 152 (Expired)
  • 153 Initial proposed budget for 2005-2006 financial year
  • 154 Registration as an employer if employer at commencement

Division 2 - Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009

  • 155 Definition for div 2
  • 156 Notices published in industrial gazette
  • 157 Returns and levy for a return period
  • 158 Civil penalty
  • 159 Retrospective service credits

Division 3 - Transitional provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

  • 160 Application of division
  • 161 Continued operation of expired pt 6A

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