Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
11 What is work ?
In this Act:
"work", in a covered industry—
(a) means one of the following:
(i) building and construction work;
(ii) cleaning work;
(iii) community sector work;
(iv) security work;
(v) work, or an activity, declared to be work under section 12; but
Note 1 Building and construction work —see sch 1, s 1.2.
Note 2 Cleaning work —see sch 2, s 2.2.
Note 3 Community sector work —see sch 3, s 3.2.
Note 4 Security work —see sch 4, s 4.2.
(b) includes work in a covered industry carried out outside the ACT only if—
(i) if the work is carried out by an employee—the employer—
(A) gives the authority a quarterly return under section 49 in relation to the work; and
(B) pays the authority the levy payable by the employer under section 50 for the quarter; and
(ii) if the work is carried out by a contractor—the contractor—
(A) gives the authority a quarterly return under section 54 in relation to the work; and
(B) pays the authority the levy payable by the contractor under section 55 for the quarter; and
(c) does not include work or an activity declared not to be work for the industry under section 13.
12 Declarations by Minister—additional coverage of Act
(1) This section applies if the Minister is satisfied on reasonable grounds that the Act should apply to a person or work or an activity to which the Act does not apply.
(2) The Minister may declare, for this Act—
(a) a person to be an employer for a covered industry; or
(b) a person to be an employee, or an employee of a stated employer, for a covered industry; or
(c) a person to be a contractor for a covered industry; or
(d) work, or an activity, to be work in a covered industry.
(3) However, the Minister may only make a declaration that is consistent with the objects of the Act.
(4) A declaration must state the following:
(a) the person or work to which the declaration applies;
(b) the period of the declaration;
(c) any conditions of the declaration.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
(5) A person declared to be an employee of a stated employer is taken to be employed by the employer.
(6) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
13 Declarations by Minister—limitation to coverage of Act
(1) This section applies if the Minister is satisfied on reasonable grounds that the Act should not apply to a person or work or an activity to which the Act applies.
(2) The Minister may declare, for this Act—
(a) a person not to be an employer for a covered industry; or
(b) a person not to be an employee, or an employee of a stated employer, for a covered industry; or
(c) a person not to be a contractor for a covered industry; or
(d) work, or an activity, not to be work in a covered industry.
(3) However, the Minister may only make a declaration that is consistent with the objects of the Act.
(4) A declaration must state the following:
(a) the person or work to which the declaration applies;
(b) the period of the declaration;
(c) any conditions of the declaration.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
(5) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.