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TASMANIA
__________
CONSTRUCTION INDUSTRY (LONG
SERVICE) AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 5 and 6 substituted
5. Registration of employers
6. Registration of employees
6. Section 7 amended (Levy)
7. Sections 8 and 9 substituted
8. Records, returns and information
9. Enforcement
9A. Extension of limitation period
9B. Time of occurrence of offence
8. Section 12 amended (Rights, entitlements, benefits and
obligations)
[Bill 8]-IX
2
CONSTRUCTION INDUSTRY (LONG
SERVICE) AMENDMENT BILL 2003
This Public Bill originated in the House of Assembly, and, having this day
passed, is now ready for presentation to the Legislative Council for its
concurrence.
P. R. ALCOCK, Clerk of the House
8 April 2003
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Construction Industry (Long
Service) Act 1997
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Construction Industry
(Long Service) Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 8] 3
s. 3 No. Construction Industry (Long Service) 2003
Amendment
Principal Act
3. In this Act, the Construction Industry (Long Service)
Act 1997* is referred to as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "corresponding law":
"employee" means a person engaged in
the construction industry;
(b) by omitting the definition of "new scheme" and
substituting the following definition:
"new scheme" means the scheme
established under the Trust Deed;
(c) by omitting the definition of "Standard
Industrial Classification" and substituting the
following definitions:
"Standard Industrial Classification"
means the Australian and New
Zealand Standard Industrial
Classification issued by the
Australian Bureau of Statistics in
1993 (ABS Catalogue No. 1292.0);
"Trust Deed" means the trust deed
establishing the new scheme
executed by
(a) TasBuild Limited on
19 June 1998, so long as that
*No. 83 of 1997
4
2003 Construction Industry (Long Service) No. s. 5
Amendment
company is declared by the
Minister under section 4 to
be the company that is to
administer the new scheme;
or
(b) if another company is so
declared, that other
company.
Sections 5 and 6 substituted
5. Sections 5 and 6 of the Principal Act are repealed and
the following sections are substituted:
Registration of employers
5. (1) An employer who is engaged in any
construction industry covered by the new scheme
and who is the employer of an employee covered by
the new scheme must
(a) register with the company; and
(b) make any payment that the company
determines is necessary to fulfil its
obligations under the new scheme,
unless the company imposes a levy
under section 7.
Penalty: Fine not exceeding 100 penalty units.
(2) An employer is not obliged to make a
payment for a period under subsection (1)(b) in
respect of a person who, under any Act, award or
agreement, receives any benefit or entitlement
relating to long service for that period.
5
s. 6 No. Construction Industry (Long Service) 2003
Amendment
(3) The company must refund any payment
made by an employer who is not obliged to make
that payment under subsection (2).
Registration of employees
6. (1) An employer engaged in any construction
industry covered by the new scheme must apply to
the company for registration of each employee of the
employer.
Penalty: Fine not exceeding 100 penalty units.
(2) The company is to register a person if, in
its opinion, the person is eligible for registration.
(3) If an employer fails to apply for
registration of an employee, the company may
register the employee.
Section 7 amended (Levy)
6. Section 7(2)(a) of the Principal Act is amended by
omitting "section 6(1)(b)" and substituting "section 5(1)(b)".
Sections 8 and 9 substituted
7. Sections 8 and 9 of the Principal Act are repealed and
the following sections are substituted:
Records, returns and information
8. (1) An employer or a person liable to pay a levy
under section 7 is to
(a) supply the company with any records or
information the company requires in
relation to the new scheme; and
6
2003 Construction Industry (Long Service) No. s. 7
Amendment
(b) make any returns the company requires
in relation to the new scheme.
(2) An employer, in respect of any employee of
the employer, must
(a) keep for a period of 7 years after the
termination of that employee's
employment, a record of that
employment; and
(b) provide the company with access to that
record when requested by the company
to do so.
Penalty: Fine not exceeding 10 penalty units.
(3) A termination of the employment of an
employee in accordance with section 12(4) is not a
termination for the purposes of subsection (2) of this
section.
Enforcement
9. (1) The company may recover any payments
required to be made to it by an employer under this
Act as a debt in any court of competent jurisdiction.
(2) The company may apply to the Magistrates
Court for an order to enforce an obligation imposed
under this Act.
(3) On hearing an application, a magistrate
may make an order in respect of any or all of the
following:
(a) the registration of an employer or
employee;
(b) the keeping of, and access to, records
relating to an employee;
7
s. 7 No. Construction Industry (Long Service) 2003
Amendment
(c) any other matter that he or she
considers necessary or desirable for the
purposes of enforcing an obligation
imposed under this Act.
Extension of limitation period
9A. (1) Notwithstanding the Limitation Act 1974
and section 9B(3), the company may commence
proceedings to enforce an obligation to make a
payment under this Act that was, or is, due at any
time after 1 July 1983.
(2) Subsection (1) expires 12 months after the
commencement of the Construction Industry (Long
Service) Amendment Act 2003.
Time of occurrence of offence
9B. (1) A payment required to be made under this
Act is taken to have been due at the time at which
the company becomes, or ought reasonably to have
become, aware that the payment was required to be
made.
(2) A failure to register an employee in
accordance with section 6 is taken to have occurred
at the time at which the company becomes, or ought
reasonably to have become, aware that the failure
has occurred.
(3) Any proceedings by the company after the
commencement of the Construction Industry (Long
Service) Amendment Act 2003 to recover a payment
due to the company must be commenced within 6
months after the company becomes, or ought
reasonably to have become, aware that the payment
was due.
8
2003 Construction Industry (Long Service) No. s. 8
Amendment
(4) For the purposes of subsection (3),
proceedings to recover a payment due to the
company include proceedings to obtain records,
returns or information under section 8 in respect of
that payment.
Section 12 amended (Rights, entitlements, benefits
and obligations)
8. Section 12 of the Principal Act is amended by omitting
subsection (3) and substituting the following subsections:
(3) Any obligation or liability incurred by a
person in respect of the termination of relevant
employment, within the meaning of the repealed
Act, is incurred by the person to the company.
(4) For the purposes of this Act and the
application of the repealed Act to this Act, the
employment of an employee to whom the repealed
Act applied immediately before 1 July 1998 is taken
to have been terminated on that date.
(5) This Act applies to an employee referred to
in subsection (4) and is taken to have so applied on
and from 1 July 1998.
(6) Subsections (4) and (5) are taken to have
commenced on 1 July 1998.
Government Printer, Tasmania 9