Australian Capital Territory Numbered Acts

LONG SERVICE LEAVE (PORTABLE SCHEMES) AMENDMENT ACT 2023 (NO. 11 OF 2023) - SECT 13

substitute

2.1     What is the services industry ?

    (1)     The "services industry" is—

        (a)     in relation to the ACT—any of the following industries:

              (i)     the industry in which employers provide cleaning work to other people through the provision of workers' services (the cleaning services industry );

              (ii)     the industry that provides hairdressing or beauty services within the meaning of the ANZSIC, Division S, Class 9511, Hairdressing and Beauty Services (the  hairdressing and beauty services industry );

              (iii)     the industry that provides accommodation, food, beverage and hospitality services within the meaning of the ANZSIC, Division H, Accommodation and Food Services (the  accommodation and food services industry ); and

        (b)     in relation to a reciprocating State—an industry of a kind mentioned in paragraph (a) to which a corresponding law of the State applies.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (2)     In this section:

"ANZSIC" means the Australian and New Zealand Standard Industrial Classification 2006 as in force from time to time.

Note     The ANZSIC is available free of charge at www.abs.gov.au

.

2.2     What is services work ?

    (1)     In this Act:

"services work" means—

        (a)     in relation to the cleaning services industry—

              (i)     work that has, as its only or main component, bringing premises into, or maintaining premises in, a clean condition; or

              (ii)     the collection or sorting of waste at, or for, an identified waste management facility if the employer providing the work through the provision of services does so under a contract with the Territory; and

        (b)     in relation to the hairdressing and beauty services industry—providing hairdressing services or providing beauty services (including nail care services, facials or applying make-up); and

        (c)     in relation to the accommodation and food services industry—providing short-term accommodation for visitors, or meals, snacks, and beverages for consumption by customers (whether at the provider's principal place of business or elsewhere).

Note 1     The Minister may declare work or an activity to be services work (see  s 12 (2) (d)) or to not be services work (see s 13 (2) (d)).

Note 2     For s (1) (b), medical skin care services such as cosmetic surgery and dermatology services and medical or surgical hair replacement or transplant services are excluded from the ANZSIC, Division S, Class 9511.

Note 3     For s (1) (c), gambling institutions (casinos), amusement and recreation parks, long-term (residential) caravan parks, theatre restaurants, sporting clubs and other recreation or entertainment facilities providing food, beverage and accommodation services are excluded from the ANZSIC, Division H.

    (2)     However, in relation to the accommodation and food services industry, "services work" does not include providing professional, scientific and technical services within the meaning of the ANZSIC, Division M, Professional, Scientific and Technical Services.

    (3)     The Minister may determine that a facility is an identified waste management facility for subsection (1), definition of services work , paragraph (a) (ii).

    (4)     A determination is a notifiable instrument.

    (5)     In this section:

"accommodation and food services industry"—see section 2.1 (1) (a) (iii).

"ANZSIC"—see section 2.1 (2).

"cleaning services industry"—see section 2.1 (1) (a) (i).

"hairdressing and beauty services industry"—see section 2.1 (1) (a) (ii).