Australian Capital Territory Numbered Acts

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LONG SERVICE LEAVE (PORTABLE SCHEMES) AMENDMENT ACT 2012 (NO. 9 OF 2012) - SECT 12

Sections 47 and 48

substitute

47     Service credit—employee's prior service

    (1)     This section applies in relation to an employee's service in a covered industry for work done in the industry no earlier than 4 years before the employee became a registered worker for the industry.

    (2)     The registrar may credit the employee with 1 day's service in the workers register for the covered industry for each day of the service if the employee's employer has, in relation to the employee for the day, given the authority—

        (a)     a return under section 49 (Quarterly returns by employers) that includes the employee; and

        (b)     payment of the levy under section 51 (Determination of levy—employers) for the return.

    (3)     If subsection (2) does not apply, the registrar may credit the employee with 1 day's service in the workers register for the covered industry for each day of service in the 1-year period before the employee's registration if the registrar is satisfied that the person was employed in the covered industry.

Example

The registrar is satisfied that Joe, in the 1-year period before his registration day, had separate periods of service as an employee in the contract cleaning industry of 25 and 125 days. The registrar may credit Joe in the workers register for the contract cleaning industry with 150 days service.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     To remove any doubt, an employee is not entitled to credit for service in a covered industry in relation to work done before the industry became a covered industry.

48     Service credit—contractor's prior service

    (1)     This section applies in relation to a contractor's service in a covered industry for work done in the industry not earlier than 1 year before the contractor became a registered contractor for the industry.

    (2)     The registrar may credit the contractor with 1 day's service in the workers register for the covered industry for each day worked—

        (a)     either—

              (i)     for which the contractor gives the board a record of the particulars mentioned in section 58 (1) (Registered contractors to keep records) for the contractor's service; or

              (ii)     if the registrar is satisfied the contractor worked in the covered industry; and

        (b)     for which the contractor has paid the authority the levy determined under section 56 (Determination of levy—contractors).

    (3)     To remove any doubt, a contractor is not entitled to credit for service in a covered industry in relation to work done before the industry became a covered industry.



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