Victorian Consolidated Legislation

Construction Industry Long Service Leave Act 1997 - SECT 7

Restriction on powers of trustee

7. Restriction on powers of trustee



(1) The trustee must not, without the prior approval of the Governor in
Council, exercise any power, authority or discretion given to the trustee by
the trust deed the exercise of which would have the effect of enlarging the
class of persons capable of being paid benefits out of the fund.

(2) Without limiting subsection (1), that subsection-

   (a)  has effect with respect to any addition to, or any amendment,
        modification, variation, deletion, revocation, substitution or
        replacement of, the whole or any part of the trust deed by which-

(i) the meaning or scope of the expressions "construction work" or
"construction industry" is enlarged, whether directly or indirectly; or

   (ii) an award is prescribed for the purposes of the fund;

   (b)  does not have effect with respect to a decision as to whether or not a
        particular person is within a class of persons then capable of being
        paid benefits out of the fund (whether as a result of an amendment of
        a prescribed award or otherwise) or as to the amount of any benefit to
        which such a person is entitled;

   (c)  does not have effect with respect to a decision as to the amount of
        any benefit capable of being paid out of the fund.