Australian Capital Territory

long service leave (building and construction industry) act 1981
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 9 December 1998
TABLE OF PROVISIONS
Section
PART I—preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
part ii—administration
Division 1—The Board
	4.	Construction Industry Long Service Leave Board
	5.	Independence of the Board
	6.	Functions of the Board
	7.	Powers of the Board
	7A.	Delegation
	8.	Constitution of the Board
	9.	Acting members
	10.	Resignation
	11.	Termination of appointment
	13.	Meetings
	14.	Disclosure of interest

	15.	Minister may require information
	16.	Protection of members
Division 2—The Registrar and Inspectors
	17.	Long Service Leave Registrar
	17A.	Deputy Long Service Leave Registrar
	18.	Inspectors
	18A.	Return of identify cards
	19.	Powers of inspector
Division 3—Finances
	20.	Moneys of the Board
	21.	Application of moneys
	22.	Borrowing by the Board
	23.	Contracts
	24.	Triennial investigation by the Actuary
Division 4—Staff
	25C.	Staff
Part III—Registration of Employers
	26.	Employers Register
	27.	Application for registration
	28.	Registration
	29.	Certificate of registration
	30.	Change of address to be notified
Part IV—REgistration of Employees and
Contractors
	31.	Employees and Contractors Register
	32.	Application for registration by employee or contractor
	34.	Application by employer for registration of employee
	36.	Registration
Part V—Periodic Notices and Payments
	37.	Periodic notices and payments by employers
	37A.	Exemption from payments for working directors
	38.	Periodic notices and payments by registered contractors
	39.	Employers to keep records
Part VI—Entries in the Employees and
Contractors Register
	40.	Particulars in the Employees and Contractors Register
	41.	Determination and entry of ordinary remuneration by the Board
	42.	Service credits
	43.	Bonus credits for employees and contractors
	44.	Bonus credits for apprentices
	45.	Removing names from Employees and Contractors Register
Part VII—Annual Certificates
	46.	Annual certificates for employees and contractors
	47.	Annual certificates for employers
	48.	Objection to matter specified in annual certificate
Part VIII—Long Service Leave and Payments
	49.	Long service leave
	50.	Year of service
	51.	Amount of leave
	52.	Grant of leave
	53.	Entitlement to payment in lieu of leave
	54.	Payment in lieu of leave on retirement
	55.	Payment for leave
	56.	Payment in lieu of leave
	56A.	Payment for service in reciprocating State or Territory
	56B.	Payments by reciprocal authority on Board’s behalf
	57.	Amount of payment
	57A.	Records of payment and service
	58.	Public holidays to count as leave
Part IX—Miscellaneous
	59.	Review of decisions
	59A.	Notification of decisions
	59B.	Evidentiary certificates
	60.	Inspection of Register
	61.	No contracting out
	62.	Declaration of corresponding laws
	63.	Benefits under Long Service Leave Act
	64.	Agreements with other States and Territories
	66.	Regulations

Australian Capital Territory

long service leave (building and construction industry) act 1981
An Act to provide for long service leave for employees and contractors in the building and construction industry and for other related purposes
Part I—Preliminary
1. 	Short title
	This Act may be cited as the Long Service Leave (Building and Construction Industry) Act 1981.1
2.1 	Commencement
(1) 	This Part and Part II shall come into operation on the day on which this Act is notified in the Gazette.
(2) 	The remaining Parts of this Act shall come into operation on such date as is fixed by the Minister of State for the Capital Territory by notice published in the Gazette.
3. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“agreement” includes an industrial agreement made in pursuance of the Industrial Relations Act 1988 of the Commonwealth;
“award” means an award made under the Industrial Relations Act 1988 of the Commonwealth or a determination;

“award holiday” means a day that is, by virtue of an award or agreement, a holiday for persons employed in the building and construction industry;
“Board” means the Construction Industry Long Service Leave Board established by section 4;
“building and construction industry” means—
	(a)	in relation to industry in the Territory—the industry of carrying out the construction, reconstruction, renovation, alteration, demolition or maintenance of—
	(i)	buildings;
	(ii)	fences;
	(iii)	swimming pools;
	(iv)	roadworks, railways, airfields or other works for the carriage of persons, animals or vehicles;
	(v)	breakwaters, docks, jetties, piers, wharves or works for the improvement or alteration of any harbour, river or watercourse for the purpose of navigation;
	(vi)	works for the storage or supply of water or for the irrigation of land;
	(vii)	works for the conveyance, treatment or disposal of sewage or of the effluent from any premises;
	(viii)	bridges, viaducts, aqueducts or tunnels;
	(ix)	pipelines;
	(x)	chimney stacks, cooling towers, drilling rigs, gas holders or silos;
	(xi)	structures, fixtures or works for use in any building or works referred to in subparagraphs (i) to (x) inclusive;
	(xii)	navigational lights, beacons or markers;
	(xiii)	works for the drainage of land;
	(xiv)	works for the storage of liquids, other than water, or of gases;
	(xv)	works for the transmission of electric power; and
	(xvi)	works for the transmission of wireless or telegraphic communications;
and includes the process of pile driving and the preparation of the site for any building or other works referred to in paragraphs (i) to (xvi) inclusive; and
	(b)	in relation to industry carried out in a reciprocating State or Territory—the building and construction industry within the meaning of the corresponding law of that State or Territory;
“building and construction work” means work performed in the Territory in the building and construction industry, being—
	(a)	work in respect of which a rate of pay is fixed by a prescribed award; or
	(b)	work performed under a contract of employment by a person—
	(i)	as a clerk of works or construction supervisor; or
	(ii)	acting as a foreman, sub-foreman or leading hand in the supervision of work performed in the building and construction industry;
“Chairperson” means the Chairperson of the Board;
“contractor” means a person, other than an employee or an apprentice, who performs work in the building and construction industry for fee or reward on his or her own account;
“corresponding law” means a law of a State or another Territory specified in a notice under section 62;
“defined fraction” means—
	(a)	in relation to service that occurred before the commencement of the Long Service Leave (Building and Construction Industry) (Amendment) Act (No. 2) 1996—13/15; and
	(b)	in relation to service that occurred on or after that commencement—13/10;
“Deputy Registrar” means the Deputy Long Service Leave Registrar under section 17A;
“determination” includes a variation, suspension, interpretation or cancellation of a determination;
“employee” means a person employed, other than by the Territory, the Commonwealth, the Australian National University or the University of Canberra, to perform building and construction work, and includes a person who is remunerated at piece-work rates and an apprentice;
“Employees and Contractors Register” means the Long Service Leave (Building and Construction Industry) Register of Employees and Contractors established in pursuance of section 31;
 “employer” means a person (other than the Territory, the Commonwealth, the Australian National University or the University of Canberra) who employs any person to perform building and construction work;
“Employers Register” means the Long Service Leave (Building and Construction Industry) Register of Employers established in pursuance of section 26;
“Long Service Leave Act” means the Long Service Leave Act 1976;
“member” means a member of the Board, and includes the Chairman;
“ordinary remuneration” means—
	(a)	in relation to an employee (other than a working director)—any amount paid or payable to the employee in respect of the performance by him or her of building and construction work, being an amount that is the sum of—
	(i)	the salary or wages paid or payable in respect of that work;
	(ii)	any allowances paid or payable in respect of that work in relation to skill or qualifications; and
	(iii)	any amounts paid or payable in respect of that work under a bonus or incentive scheme, being amounts that are usually paid to the employee with his or her salary or wages (not being an amount in respect of overtime or travelling costs or an additional payment in respect of recreation leave); and
	(b)	in relation to a contractor or a working director means—
	(i)	the amount paid or payable to the contractor or working director in respect of the performance by him or her of building and construction work (other than any amount paid or payable to the contractor or working director for reimbursement of any costs incurred, or for any materials provided, by him or her in performing that work); or
	(ii)	the minimum salary or wages payable under an award in respect of the performance by a contractor or working director of that building and construction work;
whichever is the greater;
“prescribed retiring age” means—
	(a)	in relation to a registered employee or a registered contractor who has been granted a service pension under section 38 of the Veterans’ Entitlements Act 1986 of the Commonwealth—the age at which the employee or contractor first receives payment of the service pension; or
	(b)	in any other case—the age of 65 years;
“reciprocal agreement or reciprocal arrangement” means a reciprocal agreement or reciprocal arrangement made pursuant to section 64;
“reciprocal authority” means the person or body (however described) appointed or established under the corresponding law of a reciprocating State or Territory to administer the scheme of long service benefits established by that law;
“reciprocating State or Territory” means a State or another Territory with a Minister of State of which a reciprocal agreement or reciprocal arrangement has been made;
“recognised service” means—
	(a)	a period of service with which a registered employee or a registered contractor has been credited in the Employees and Contractors Register; or
	(b)	a period comprising—
	(i)	a period of service referred to in paragraph (a); and
	(ii)	a period of service with which the registered employee or registered contractor has been credited pursuant to the corresponding law of a reciprocating State or Territory;
“registered” means registered under this Act;
“registered medical practitioner” means a medical practitioner who is registered under the Medical Practitioners Act 1930 or under the law of a State or another Territory that provides for the registration of medical practitioners;
“Registrar” means the Long Service Leave Registrar under section 17;
“salary or wages” includes payments by way of commission, but does not include—
	(a)	payments in respect of overtime;
	(b)	payments at penalty rates of pay; or
	(c)	allowances which, by virtue of an award or agreement, are not to be taken into account in determining a rate of remuneration in respect of overtime;
“service” means service in the building and construction industry;
“working day” means a day other than a Saturday, a Sunday or a day that is a public holiday or an award holiday;
“working director” means the director of a company employed by it to perform building and construction work, the only other employees of the company (if any) being directors.
(1A) 	For the purposes of this Act, work consisting of—
	(a)	planning, sewing or laying floor coverings; and
	(b)	landscaping;
shall be taken to be work performed in the building and construction industry.
(2) 	For the purposes of this Act, a person shall not be deemed to be not an employee by reason only of the fact that the person is remunerated wholly or partly by commission.
(3) 	For the purposes of the definition of “building and construction work” in subsection (1), the Building Industry Labourers (On-Site) A.C.T. Award 1986 shall, in respect of the period commencing on 14 April 1986 and ending immediately before the commencement of the Long Service Leave (Building and Construction Industry) (Amendment) Act (No. 3) 1988, be deemed to have been a prescribed award.
(5) 	For the purposes of this Act, work performed by an employee or a registered contractor outside the Territory shall be deemed to be building and construction work if—
	(a)	that work would, if it were performed in the Territory, be building and construction work; and
	(b)	the employer of that employee, or that contractor, pays to the Board the prescribed amount under section 37 or 38, as the case may be, in relation to the ordinary remuneration paid or payable to the employee or contractor in respect of the performance by him or her of that work.
Part II—Administration
Division 1—The Board
4. 	Construction Industry Long Service Leave Board
(1) 	There is established a Board by the name of the Construction Industry Long Service Leave Board.
(2) 	The Board—
	(a)	is a body corporate, with perpetual succession;
	(b)	shall have a common seal;
	(c)	is capable of acquiring, holding and disposing of real and personal property; and
	(d)	may sue and be sued in its corporate name.
(3) 	All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed.
5. 	Independence of the Board
	The Board shall not be, and shall not be regarded as, for any purpose, the servant or agent of the Territory.
6. 	Functions of the Board
	The functions of the Board are—
	(a)	to administer the scheme of long service benefits established by this Act in respect of employees and contractors engaged in the building and construction industry;
	(b)	to make recommendations to the Minister as to any change that the Board considers should be made to the rate of payments made by employers and registered contractors under this Act;
	(c)	to make recommendations to the Minister as to the laws of a State or another Territory that the Board considers suitable to be declared as corresponding laws under section 62;
	(d)	to make payments in accordance with this Act; and
	(e)	to establish and maintain the Employers Register and the Employees and Contractors Register in accordance with this Act.
7. 	Powers of the Board
	The Board has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions under this Act and in particular, without limiting the generality of the foregoing—
	(a)	to take any necessary action to recover moneys payable to the Board and such debts as may be incurred against the Board;
	(b)	to enter into agreements for the purpose of borrowing moneys in accordance with this Act;
	(c)	to incur any necessary legal and other costs in proceedings by or against the Board;
	(d)	to refund any moneys that are refundable under this Act; and
	(f)	to give effect to the terms of a reciprocal agreement or a reciprocal arrangement.
7A. 	Delegation
(1) 	The Board may, by writing under its common seal, delegate any of its powers to a public servant.
8. 	Constitution of the Board
(1) 	The Board shall consist of—
	(a)	the Chairperson;
	(b)	a member representing employer organisations; and
	(c)	a member representing employee organisations.
(2) 	Each member of the Board—
	(a)	shall be appointed by the Minister;
	(b)	shall, subject to this Act, hold office for such period, not exceeding 5 years, as is specified in the instrument of his or her appointment; and
	(c)	shall be eligible for re-appointment.
(3) 	The performance of the functions or the exercise of the powers of the Board is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.
9. 	Acting members
(1) 	The Minister may appoint a person to act as a member—
	(a)	during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when a member is absent from duty or from the Territory or is, for any other reason, unable to perform the functions of the office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(3) 	The Minister may at any time terminate the appointment of a person appointed to act in accordance with subsection (1).
(7) 	The validity of anything done by a person purporting to act in accordance with this section shall not be called in question on the ground that the occasion for his or her appointment had not arisen, that there is a defect or irregularity in or in connection with his or her appointment, that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.
10. 	Resignation
(1) 	A member of the Board may resign his or her office by writing signed by him or her and delivered to the Minister.
(2) 	Where a member of the Board resigns his or her office, his or her resignation shall take effect on the day on which the instrument of resignation is delivered to the Minister in accordance with subsection (1) or on such later date as is specified in the instrument.
11. 	Termination of appointment
(1) 	The Minister may terminate the appointment of a member of the Board by reason of misbehaviour or physical or mental incapacity.
(2) 	If a member of the Board—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
	(b)	is convicted in Australia of an offence punishable by imprisonment for 1 year or longer; or
	(c)	is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Board;
the Minister shall terminate the appointment of the member.
13. 	Meetings
(1) 	The Chairperson shall convene such meetings of the Board as the Chairperson considers necessary for the performance of its functions.
(2) 	At a meeting of the Board, 2 members constitute a quorum.
(3) 	The Chairperson shall preside at all meetings of the Board at which he or she is present.
(4) 	If the Chairperson is not present at a meeting of the Board, the members present shall choose 1 of the 2 to preside at that meeting.
(5) 	Questions arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting.
(6) 	The person presiding at a meeting of the Board has a deliberative vote and, subject to subsection (7), has, in the event of an equality of votes, a casting vote.
(7) 	If only 2 members are present at a meeting of the Board and they differ on a question arising at the meeting, that question shall be deferred until the next meeting at which more than 2 members are present.
14. 	Disclosure of interest
(1) 	A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Board.
Penalty:  20 penalty units. 
(2) 	A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board and the member shall not, unless the Minister or the Board otherwise determines—
	(a)	be present during any deliberation of the Board with respect to that matter; or
	(b)	take part in any decision of the Board with respect to that matter.
(3) 	For the purpose of the making of a determination by the Board under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not—
	(a)	be present during any deliberation of the Board for the purpose of making the determination; or
	(b)	take part in the making by the Board of the determination.
(4) 	Where a member fails, without reasonable excuse, to comply with the requirements of this section, the Minister shall terminate the appointment of the member.
15. 	Minister may require information
	The Board shall furnish to the Minister such information relating to the exercise of its powers and the performance of its functions under this Act as the Minister requires. 
16. 	Protection of members
	An action or proceeding, civil or criminal, does not lie against a member of the Board for or in respect of any act or thing done in good faith by the member in his or her capacity as a member. 
Division 2—The Registrar and Inspectors
17. 	Long Service Leave Registrar
(1) 	There shall be a Long Service Leave Registrar.
(2) 	The Registrar shall perform such functions as are required by this Act, or as the Board directs.
(3) 	The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Long Service Leave Registrar.
(4) 	The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
17A. 	Deputy Long Service Leave Registrar
(1) 	There shall be a Deputy Long Service Leave Registrar.
(2) 	The Deputy Registrar may perform any function of the Registrar, subject to any direction of the Registrar.
(3) 	The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Deputy Long Service Leave Registrar.
(4) 	The Deputy Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (3).
18. 	Inspectors
(1) 	The Registrar may appoint such inspectors as he or she considers necessary for the purposes of this Act.
(2) 	The Registrar shall not appoint a person who is not a public servant as an inspector.
(3) 	A person appointed under this section shall, subject to this Act, perform such duties for the purposes of this Act as the Registrar directs.
(4) 	The Minister shall cause to be issued to each inspector an identity card that specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.
18A. 	Return of identity cards
	A person appointed to be an inspector shall not, upon ceasing to be an inspector, fail or refuse without reasonable excuse to return the identity card issued to him or her under subsection 18 (4). 
Penalty:  1 penalty unit.
19. 	Powers of inspector
(1) 	An inspector may, at any reasonable hour of the day, enter the premises of an employer, or of a person who he or she has reasonable grounds for believing to be an employer, and—
	(a)	inspect any records, books or documents; and
	(b)	require any person at the premises to give the inspector—
	(i)	any information within the person’s knowledge relating to the rights and duties under this Act of an employer or of any person employed by the employer; and
	(ii)	any records, books or documents, or copies of any records, books or documents, being records, books or documents that are in the person’s possession or to which the person has access.
(2) 	An inspector who enters upon premises in pursuance of subsection (1) is not authorised to remain on the premises, and a person is not required to comply with a requirement made by an inspector under paragraph (1) (b), if, on request by the occupier, or the person in charge, of the premises, the 
inspector does not produce his or her identity card issued under subsection 18 (4).
(3) 	An inspector may, by notice in writing served on an employer, require the employer to produce to the Board, within 14 days after the day on which the notice was served—
	(a)	any information referred to in subparagraph (1) (b) (i); and
	(b)	any records, books, documents or copies referred to in subparagraph (1) (b) (ii);
being information, records, books, documents or copies specified in the notice.
(4) 	Service of a notice on an employer may be effected—
	(a)	if the employer is a body corporate—by leaving it at the employer’s registered office; or
	(b)	if the employer is a natural person—
	(i)	by delivering it to the employer personally; or
	(ii)	by leaving it at the last known place of residence or business of the employer with a person who is, or is reasonably believed to be, both over the age of 16 years and residing or employed at that place.
(5) 	A person who fails to comply with a requirement made of the person by an inspector pursuant to this section is guilty of an offence punishable, on conviction, by a fine—
	(a)	if the offender is a natural person—not exceeding 50 penalty units; or
	(b)	if the offender is a body corporate—not exceeding 250 penalty units.
(6) 	In this section—
“records, books or documents” means records, books or documents that are required by this Act to be kept by an employer.
Division 3—Finances
20. 	Moneys of the Board
	The moneys of the Board shall consist of—
	(a)	moneys received by the Board in pursuance of sections 37 and 38;
	(b)	income derived from the investment of moneys of the Board;
	(c)	moneys borrowed by the Board;
	(d)	moneys paid to the Board in pursuance of a reciprocal agreement or reciprocal arrangement; and
	(e)	any other moneys paid to the Board in accordance with this Act.
21. 	Application of moneys
	The moneys of the Board shall be applied only—
	(a)	in payment or discharge of the costs, expenses or other obligations of the Board under this Act; and
	(b)	in payment of remuneration and allowances payable to any person appointed or employed under this Act.
22. 	Borrowing by the Board
(1) 	The Board may from time to time borrow moneys in such amounts, and on such terms and conditions, as the Minister approves.
(2) 	The Board may give security over the whole or any part of its assets for the repayment of amounts borrowed under this section and the payment of interest on amounts so borrowed.
(3) 	The Board shall not borrow otherwise than in accordance with this section.
23. 	Contracts
(1) 	The Board shall not, except with the approval of the Minister, enter into a contract involving the payment or receipt by the Board of an amount exceeding $250,000.
(2) 	Subsection (1) does not apply in relation to a contract for the investment of money entered into in accordance with section 56 of the Financial Management Act 1996.
24. 	Triennial investigation by the Actuary
(1) 	An investigation as to the state and sufficiency of the moneys of the Board shall be made by the Actuary at such times as the Board requests but in any event not later than the expiration of a period of 3 years after the commencement of this Act and at the expiration of each succeeding period of 3 years.
(2) 	The Actuary shall report to the Board the result of the investigation, and shall state whether, in the Actuary’s opinion, any reduction or increase is necessary in the rates of periodic payments payable to the Board by employers and registered contractors under this Act.
(3) 	The Actuary shall forward to the Minister a copy of each report made under this section.
(4) 	The Treasurer shall, in writing, appoint an actuary for the purposes of this section.
(5) 	In this section—
“the Actuary” means the actuary appointed under subsection (4).
Division 4—Staff
25C. 	Staff
(1) 	The Board may make arrangements with the Chief Executive for the use of the services of public servants in the administrative unit under the Chief Executive’s control.
(2) 	The Public Sector Management Act 1994 applies in relation to the management by the Board of public servants who are the subject of an arrangement under subsection (1).
Part III—Registration of Employers
26. 	Employers Register
	The Board shall establish and maintain a register called “The Long Service Leave (Building and Construction Industry) Register of Employers”.
27. 	Application for registration
(1) 	An employer shall apply to the Registrar in accordance with this section for registration under this Act.
Penalty:  50 penalty units.
(2) 	An application under subsection (1) shall—
	(a)	be in writing signed by the applicant;
	(b)	contain particulars of—
	(i)	the name of the applicant, the address of the principal place of business of the applicant and, if the applicant is a body corporate, the address of its registered office;
	(ii)	the nature of the work in which the applicant is engaged as an employer;
	(iii)	the names of all persons who are employees of the applicant;
	(iiia)	the award under which each of the persons referred to in subparagraph (iii) is employed; and
	(iv)	such other matters, if any, as are prescribed; and
	(c)	be lodged with the Registrar within 3 months after the date of commencement of this Part or within 1 month after the applicant becomes an employer, whichever is the later, or within such further time as the Registrar allows.
28. 	Registration
(1) 	Where the Registrar is satisfied that a person who has applied for registration under section 27 is an employer, the Registrar shall cause the person to be registered.
(2) 	The registration of a person under subsection (1) shall be effected by entering in the Employers Register—
	(a)	the name and address of the person;
	(b)	the date on which the registration takes effect; and
	(c)	such other particulars as the Board thinks fit.
(3) 	The registration of a person under this section shall take effect as from the date on which the application for registration was lodged with the Registrar in pursuance of subsection 27 (2).
29. 	Certificate of registration
(1) 	Where a person is registered under this Part the Registrar shall cause to be issued to him or her a certificate of registration under the hand of the Registrar.
(2) 	A certificate of registration issued under subsection (1) is evidence that the person specified in the certificate was registered on the date specified in the certificate.
30. 	Change of address to be notified
	Where a change occurs in the address of a registered employer entered in the Employers Register under subsection 28 (2), the registered employer shall, within 1 month of the change, notify the Registrar in writing accordingly.
Penalty:  5 penalty units.
Part IV—Registration of Employees and Contractors
31. 	Employees and Contractors Register
	The Board shall establish and maintain a register called “The Long Service Leave (Building and Construction Industry) Register of Employees and Contractors”.
32. 	Application for registration by employee or contractor
(1) 	A person who—
	(a)	is an employee; or
	(b)	is a contractor;
may apply to the Registrar for registration under this Act.
(2) 	An application under subsection (1) shall—
	(a)	be in writing signed by the applicant; and
	(b)	contain particulars of—
	(i)	the name and residential address of the applicant and his or her date of birth;
	(ii)	where the applicant is a person referred to in paragraph (1) (a)—the nature of the building and construction work performed by the applicant, the date on which he or she commenced his or her current employment in that work, and the award under which he or she is employed;
	(iia)	where the applicant is a contractor—the nature of the work in the building and construction industry performed by the applicant and the date on which he or she commenced his or her current work in that industry;
	(iii)	the name and address of the principal place of business of the employer or, if the employer is a body corporate, the address of its registered office;
	(v)	where the applicant is credited under a corresponding law with a period of service in the building and construction industry—any State or other Territory under a corresponding law of which a period of service has been credited;
	(vi)	if the applicant is serving a period of apprenticeship—the date on which the applicant commenced that period of apprenticeship; and
	(vii)	such other matters, if any, as are prescribed.
(3) 	In paragraph (1) (a)—
“employee” includes a person who was an employee at any time during the period of 12 months before the date of the application.
34. 	Application by employer for registration of employee
(1) 	Where an employer employs an employee who—
	(a)	is not registered under this Act; and
	(b)	has not applied for registration under section 32 within 3 months after the employee began building and construction work;
the employer may at any time after the expiration of that period apply to the Registrar for the registration of that employee under this Act.
(2) 	An application under subsection (1) shall be in writing signed by the applicant and shall contain particulars of—
	(a)	the name of the applicant;
	(ab)	the address of the principal place of business of the applicant or, if the applicant is a body corporate, the address of its registered office;
	(b)	the name and address of the employee and his or her date of birth;
	(c)	the nature of the work performed by the employee and the date on which he or she commenced his or her employment with the applicant; and
	(d)	such other matters, if any, as are prescribed.
36. 	Registration
(1) 	Where the Registrar is satisfied—
	(a)	in relation to a person who applies for registration under section 32—that the person is an employee or contractor; or
	(c)	in relation to a person in respect of whom an application is made by an employer under section 34—that the person in respect of whom the application is made is an employee;
the Registrar shall cause the person to be registered.
(2) 	The registration of a person under subsection (1) shall be effected by entering in the Employees and Contractors Register—
	(a)	the name and address of the person and his or her date of birth;
	(b)	the name of the employer, if any, of the person;
	(ba)	the address of the principal place of business of the employer (if any) of the person and, if the employer is a body corporate, the address of its registered office;
	(c)	the date on which the registration takes effect; and
	(d)	such other particulars as the Board thinks fit.
(3) 	Where the Registrar makes a decision refusing an application for registration under this Part, he or she shall, within 7 days of making that decision, cause to be given to the applicant a notice in writing setting out the terms of the decision.
(4) 	Where the Registrar refuses an application for registration under this Part, the applicant may appeal to the Board against the decision and, on an appeal under this section, the Board may—
	(a)	confirm the decision of the Registrar; or
	(b)	order that the applicant, or the person in respect of whom the application for registration is made, as the case requires, be registered.
(5) 	Where the Board makes a decision under subsection (4), the Board shall, within 7 days of making that decision, prepare and furnish to the applicant a statement in writing setting out the terms of the decision, the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision.
(6) 	A notice under subsection (3) may be given, and a statement under subsection (5) may be furnished, to an applicant by post addressed to the applicant at his or her address set out in the application.
(7) 	The registration of a person under subsection (1), or in pursuance of an order of the Board under subsection (4), takes effect—
	(a)	if the applicant for registration was an employee on the prescribed day—
	(i)	on the day on which he or she commenced building and construction work with the employer with whom he or she was employed on the prescribed day; or
	(ii)	on 1 October 1981;
whichever is the later; or
	(b)	if the applicant for registration was not an employee on the prescribed day—on the day on which the applicant commenced building and construction work after the prescribed day.
(8) 	In subsection (7)—
“prescribed day” means the day that was 12 months before the date on which an applicant for registration lodged his or her application.
Part V—Periodic Notices and Payments
37. 	Periodic notices and payments by employers
(1) 	Subject to this section, an employer shall, within 15 days after the expiration of the period of 2 months from the commencement of this Part or the date on which he or she first becomes an employer, whichever is the later, and within 15 days after the expiration of each succeeding period of 2 months, or such further period as the Registrar, on application by the employer, allows—
	(a)	lodge with the Board a notice in accordance with subsection (2); and
	(b)	pay to the Board the prescribed amount;
in relation to that period.
Penalty:  20 penalty units.
(2) 	A notice lodged with the Board under subsection (1) shall be in writing signed by the employer and shall contain a statement certifying that each of the employees specified in the notice performed building and construction work during the period to which the notice relates, together with particulars of—
	(a)	the name and address of the employer;
	(b)	subject to subsection (10), the name of each employee who performed building and construction work or who was absent on paid leave during the period to which the notice relates;
	(c)	the days, or parts of days, on which each of those employees performed that work or was absent on paid leave;
	(d)	the amount of ordinary remuneration paid or payable by the employer to each of those employees during that period; and
	(e)	such other matters, if any, as are prescribed.
(3) 	For the purposes of paragraph (1) (b), the prescribed amount in relation to a period of 2 months is an amount equal to 1.5% of the total of the amounts of ordinary remuneration paid or payable by the employer to his or her employees (other than apprentices) during that period, or, if another percentage for the purposes of this section is determined by the Minister, on the recommendation of the Board, by notice published in the Gazette, that other percentage of that total.
(4) 	Where—
	(a)	an employee performs, within a period of not more than 12 months, building and construction work in the Territory; and
	(b)	the employer of that employee makes payments in respect of the performance of that work to a reciprocal authority with which that employee is registered;
the Board may, upon application by the employer, grant to the employer an exemption from payment of an amount under paragraph (1) (b) in relation to the ordinary remuneration paid or payable to the employee in respect of the performance of that work.
(5) 	Where an exemption is granted by the Board to an employer under subsection (4) in respect of any work, that work shall be deemed not to be building and construction work for the purposes of this Act.
(6) 	If an employer fails to pay the prescribed amount in relation to a period—
	(a)	within the period specified in subsection (1); or
	(b)	within any further period allowed by the Registrar;
there is payable to the Board by the employer, in addition to the prescribed amount—
	(c)	interest on the unpaid amount at the rate of 2.5% of that amount; or
	(d)	$50;
for each month or part of a month during which the amount remains unpaid, whichever is the greater.
(7) 	The Registrar may, on the application of an employer who has contravened subsection (1), or of the Registrar’s own motion, remit part or all of an amount payable by the employer pursuant to subsection (6) if the Registrar is satisfied—
	(a)	that the circumstances that gave rise to the contravention were not caused directly or indirectly by the employer; or
	(b)	that, because of special circumstances, it would be fair and reasonable to remit part or all of that amount.
(8) 	Where a person is convicted of an offence against subsection (1) the court may, in addition to imposing a penalty under that subsection, order the person to pay the Board the prescribed amount in relation to the period in respect of which the offence was committed.
(9) 	Where a court has made an order under subsection (8), a certificate signed by the appropriate officer of the court specifying the amount to be paid and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of the amount, and the certificate is then enforceable in all respects as a final judgement of the court in which it is filed.
(10) 	In paragraph (2) (b)—
“employee” does not include a person who, during the period to which the notice relates—
	(a)	was not a registered employee; and
	(b)	performed building and construction work for less than 5 consecutive days.
37A. 	Exemption from payments for working directors
(1) 	The Board shall—
	(a)	on receipt of a notice by a person in accordance with subsection (2); and
	(b)	if satisfied that the person to whom the notice relates is a working director;
grant to the employer of the working director an exemption from payment of an amount under paragraph 37 (1) (b) in relation to the performance of building and construction work by that working director.
(2) 	A notice under subsection (1) shall be in a form approved by the Registrar.
(3) 	An exemption under subsection (1) remains in force until the person to whom the exemption relates—
	(a)	ceases to be a working director, otherwise than by reason of his or her ceasing to perform work in the building and construction industry; or
	(b)	notifies the Board in writing that he or she no longer wishes the exemption to apply in respect of him or her;
whichever first occurs.
(4) 	A working director to whom an exemption relates is to be taken not to be an employee for the purposes of this Act for the period for which the exemption remains in force.
38. 	Periodic notices and payments by registered contractors
(1) 	A registered contractor shall, within 15 days after the expiration of the period of 2 months from the date on which the registered contractor lodges his or her application for registration, and within 15 days after the expiration of each succeeding period of 2 months, or such further period as the Registrar, on application by the registered contractor, allows—
	(a)	lodge with the Board a notice in accordance with subsection (2); and
	(b)	pay to the Board the prescribed amount;
in relation to that period.
Penalty:  20 penalty units.
(2) 	A notice lodged with the Board under subsection (1) shall be in writing signed by the registered contractor and shall contain particulars of—
	(a)	the name and address of the contractor;
	(b)	the nature of the work performed by him or her during the period to which the notice relates;
	(c)	the days, or parts of days, on which he or she performed that work;
	(d)	the ordinary remuneration paid or payable to him or her during that period in respect of the performance of that work; and
	(e)	such other matters, if any, as are prescribed.
(3) 	For the purposes of paragraph (1) (b), the prescribed amount in relation to a period of 2 months is an amount equal to 2.5% of the total of the amounts of ordinary remuneration paid or payable to the registered contractor during that period in respect of the performance by him or her of building and construction work, or, if another percentage for the purposes of this section is determined by the Minister, on the recommendation of the Board, by notice published in the Gazette, that other percentage of that total.
39. 	Employers to keep records
(1) 	An employer shall, in respect of each employee employed by him or her, keep a record showing particulars of—
	(a)	the name of the employee and his or her date of birth;
	(b)	the nature of the building and construction work performed by the employee;
	(c)	the ordinary remuneration of the employee;
	(d)	the number of days worked in each period of 2 months by the employee;
	(e)	the date on which the employee commenced service with the employer;
	(f)	long service leave granted, or payment in lieu of leave made, to the employee; and
	(g)	where the person ceases to be employed by the employer—the date on which he or she so ceased to be employed.
Penalty:  20 penalty units.
(2) 	An employer shall retain a record referred to in subsection (1) for a period of 6 years after the date on which the service of the person to whom the record relates is terminated.
Penalty:  20 penalty units.
Part VI—Entries in the Employees and Contractors Register
40. 	Particulars in the Employees and Contractors Register
	The Board shall cause to be entered and maintained in the Employees and Contractors Register in relation to each registered employee and registered contractor particulars of—
	(a)	if the employee or contractor is serving a period of apprenticeship in the building and construction industry—the date on which the applicant commenced that period of apprenticeship;
	(b)	the number of days’ service with which the employee or contractor is credited in accordance with this Act;
	(c)	the ordinary remuneration of the employee or contractor in respect of the building and construction work, or the work in the Territory in the building and construction industry, respectively performed by the employee or by the contractor;
	(d)	the entitlement of the employee or contractor to long service leave;
	(e)	long service leave granted to or taken by, or payment in lieu of long service leave made to, or in respect of, the employee or contractor, whether under this Act or the Long Service Leave Act;
	(f)	where a former employee or contractor has ceased to be employed or has ceased work in the building and construction industry—the date on which he or she so ceased; and
	(g)	such other matters, if any, as the Board thinks fit.
41. 	Determination and entry of ordinary remuneration by the Board
(1) 	Where, in relation to a notice lodged with the Board by an employer under section 37, or by a registered contractor under section 38, the Board is of the opinion that the amount of ordinary remuneration specified in the notice as paid or payable to an employee or the registered contractor is insufficient or excessive by reason of the nature of the work performed by that employee or contractor, the Board may, subject to this section, determine an amount as the ordinary remuneration of that employee or contractor in lieu of the amount so specified in the notice and shall enter that amount in the Employees and Contractors Register in relation to the employee or contractor accordingly.
(2) 	Where the Board makes a determination under subsection (1), the amount determined by the Board shall be treated for the purposes of this Act as the ordinary remuneration of the employee or contractor to whom the determination relates.
(3) 	Before making a determination under subsection (1), the Board shall cause a notice in writing to be sent to the employer and the employee, or to the registered contractor, as the case requires, and the employer, employee or contractor, may—
	(a)	within 1 month of the date of the notice, lodge a written statement with the Board relating to any matters that he or she wishes the Board to take into consideration in making the determination; and
	(b)	appear before the Board, either in person or by a person acting on his or her behalf, for the purpose of making representations to the Board in relation to the making of the determination.
(4) 	A notice sent to a person under subsection (2) shall be posted to the person at his or her address as last recorded in the Employers Register or the Employees and Contractors Register, as the case requires.
(5) 	Where the Board enters in the Employees and Contractors Register under subsection (1) an amount that is greater than the amount specified in a notice lodged with the Board under section 37 or 38, the employer or registered contractor who lodged the notice shall pay to the Board an amount equal to the difference between the amount paid by him or her in accordance with section 37 or 38, as the case may be, and the amount that would have been payable under this Act had the ordinary remuneration of the person been the amount so entered in that Register.
(6) 	Where the Board enters in the Employees and Contractors Register under subsection (1) an amount that is less than the amount specified in a notice lodged with the Board under section 37 or 38, the Board shall pay to the employer or registered contractor who lodged the notice an amount equal to the difference between the amount paid by him or her in accordance with section 37 or 38, as the case may be, and the amount that would have been payable under this Act had the ordinary remuneration of the person been the amount so entered in that Register.
42. 	Service credits
(1) 	A registered employee or registered contractor shall be credited in the Employees and Contractors Register with 1 day’s service for each working day, or part of a working day, on which the employee or contractor—
	(a)	performs work, being—
	(i)	in the case of a registered employee—building and construction work; or
	(ii)	in the case of a registered contractor—work in the Territory in the building and construction industry; or
	(b)	is absent from the work referred to in paragraph (a) (i) or (ii) respectively—
	(i)	on annual leave during any period exceeding 4 weeks in any year, being, in the case of an employee, a period in respect of which the employee is, or is entitled to be, paid ordinary remuneration by his or her employer;
	(ii)	on long service leave;
	(iii)	attending on a court in accordance with a summons to serve as a juror in proceedings before the court; or
	(iv)	attending on a court in accordance with a subpoena to give evidence in proceedings before the court.
(2) 	A registered employee shall be credited in the Employees and Contractors Register with 1 day’s service—
	(a)	for each working day on which the employee is absent from employment in building and construction work on any paid leave granted by his or her employer, other than annual leave or an absence during a period referred to in paragraph (c);
	(b)	where the employee is absent from employment in building and construction work on account of incapacity arising out of an injury in respect of which the employee is entitled to compensation under the Workers’ Compensation Act 1951—for each working day during the period, being a period of not more than 110 days in any 1 year, in which the employee is absent;
	(c)	where the employee is absent from employment in building and construction work and a registered medical practitioner certifies that in his or her opinion the employee is unable to work on account of an illness or injury—for each working day during the period, being a period of not less than 10 days and not more than 110 days in any 1 year, in which the employee is absent and in respect of which the employee is, or is entitled to be, paid ordinary remuneration by his or her employer; and
	(d)	for each working day during a period in which the employment of the employee in building and construction work has been interrupted or terminated by his or her employer with the intention to avoid granting long service leave to the employee.
(3) 	A registered employee or registered contractor shall not be credited—
	(a)	in respect of the period commencing on the date fixed by the Minister under subsection 2 (2) and ending on 30 June next following—with more days service than equals the number that bears to 220 the same proportion as the number of months in that period bears to 12; and
	(b)	in respect of any year ending on any subsequent 30 June—with more than 220 days service in addition to any days with which the registered employee or registered contractor is credited under subparagraph (1) (b) (i) during that year.
(3A) 	A registered employee shall not be credited under paragraph (2) (d) with more than 4 years’ service in respect of any 1 period referred to in that paragraph.
(4) 	A registered contractor shall not be credited in respect of any 2 or more parts of the same working day with more than 1 day’s service.
(5) 	Where—
	(a)	a registered employee or registered contractor is credited with less than 10 years of recognised service;
	(b)	in the case of an employee—he or she has ceased work in the building and construction industry, for a reason other than total incapacity, with the intention of leaving the industry permanently;
	(ba)	in the case of a contractor—he or she has requested the Board in writing to remove his or her name from the Employees and Contractors Register; and
	(c)	payment in respect of the period of recognised service has been made to the employee or the contractor pursuant to this Act or to a corresponding law;
the employee or contractor shall not be credited in the Employees and Contractors Register with any period of service during the period of 12 months beginning on the date on which the application for that payment was made.
(6) 	An employee shall not be credited with a period of service unless his or her employer has made payment to the Board in accordance with section 37 in respect of the period of service.
(7) 	Where—
	(a)	a registered employer has ceased to employ any person to perform building and construction work;
	(b)	the employer has not made payment to the Board in accordance with section 37 in respect of a period of service by a registered employee who was employed by the employer during the period of service; and
	(c)	the Registrar is satisfied that the employee would, but for the employer’s failure to make the payment, be entitled to be credited in the Employees and Contractors Register with the period of service;
the Registrar may credit the employee in that register with that period of service.
43. 	Bonus credits for employees and contractors
(1) 	Where a person, other than an employee who is an apprentice, applies for registration under section 32 within 3 months after the date of commencement of Part IV, the person shall, upon registration, be credited in the Employees and Contractors Register with 440 days’ service in the Territory.
(2) 	Where a person referred to in subsection (1) is credited in the Employees and Contractors Register with a period of service in the Territory that, when added to the period of 440 days referred to in that subsection, amounts to not less than 10 years, the person shall be credited in that Register with a further period of 440 days.
(3) 	Where a person referred to in subsection (1)—
	(a)	is credited in the Employees and Contractors Register with a period of service in the Territory that, when added to the period of 440 days referred to in that subsection, amounts to not less than 495 days but less than 10 years; and
	(b)	ceases to work in the building and construction industry by reason of total incapacity or death, or by reason of having reached the prescribed retiring age;
the person shall be credited in that Register with a further period, being a period that bears the same proportion to 440 days as the first-mentioned period referred to in paragraph (a) bears to 10 years.
(4) 	Where a person referred to in subsection (1)—
	(a)	is credited in the Employees and Contractors Register with a period of service in the Territory that, when added to the period of 440 days referred to in that subsection, amounts to not less than 5 years but less than 10 years; and
	(b)	ceases to work in the building and construction industry, other than by reason of total incapacity or death or by reason of having reached the prescribed retiring age, with the intention of leaving that industry permanently;
the person shall be credited in that Register with a further period, being a period that bears the same proportion to 440 days as the first-mentioned period referred to in paragraph (a) bears to 10 years.
44. 	Bonus credits for apprentices
(1) 	Where a person who is an apprentice serving his or her period of apprenticeship in the Territory—
	(a)	applied for registration within 3 months after 1 October 1981; and
	(b)	having been registered, completes the period of apprenticeship, or ceases to work in the building and construction industry because of total incapacity or death;
the person shall, on completing that period or ceasing to work, as the case may be, be credited in the Employees and Contractors Register with 440 days’ service.
(2) 	Where a person referred to in subsection (1) is credited in the Employees and Contractors Register with a period of service in the Territory that, when added to the period of 440 days referred to in that subsection, amounts to not less than 10 years, the person shall be credited in that Register with a further period of 440 days.
(3) 	Where a person referred to in subsection (1)—
	(a)	is credited in the Employees and Contractors Register with a period of service in the Territory that, when added to the period of 440 days referred to in that subsection, amounts to not less than 495 days but less than 10 years; and
	(b)	ceases to work in the building and construction industry by reason of total incapacity or death;
the person shall be credited in that Register with a further period, being a period that bears the same proportion to 440 days as the first-mentioned period referred to in paragraph (a) bears to 10 years.
(4) 	Where a person referred to in subsection (1)—
	(a)	is credited in the Employees and Contractors Register with a period of service in the Territory that, when added to the period of 440 days referred to in that subsection, amounts to not less than 7 years but less than 10 years; and
	(b)	ceases to work in the building and construction industry, other than by reason of total incapacity or death, with the intention of leaving that industry permanently;
the person shall be credited in that Register with a further period, being a period that bears the same proportion to 440 days as the first-mentioned period referred to in paragraph (a) bears to 10 years.
45. 	Removing names from Employees and Contractors Register
(1) 	Where a registered employee or a registered contractor has not been credited with any period of service in the Employees and Contractors Register, or in a register (however described) kept pursuant to a corresponding law, for a period of not less than 4 years, the Board shall remove the name of that employee or contractor from that Register.
(2) 	Where the name of a registered employee or a registered contractor is removed from the Employees and Contractors Register under subsection (1)—
	(a)	the employee or contractor ceases to be registered on the date on which his or her name is so removed; and
	(b)	subject to subsection (2AA), the employee or contractor is not entitled to apply for or be paid any amount for, or in lieu of, long service leave in respect of any period of service entered in the Register before the date on which the registration ceased.
(2AAA) 	The Board shall not remove the name of a registered employee or registered contractor from the Employees and Contractors Register if the employee or contractor ceases to perform building and construction work and has notified the Board that he or she is otherwise employed or engaged in work in the building and construction industry, until—
	(a)	either—
	(i)	the employee or contractor applies to the Board for payment of the total amount for or in lieu of long service leave; or
	(ii)	his or her employer makes an application under subsection 63 (4) for payment of the total amount to which the employer is entitled under subsection 63 (5);
	(b)	in the case of a working director or contractor—the working director or contractor requests the Board to remove his or her name from the Register; or
	(c)	the period of 10 years commencing on the date on which the employee or contractor ceased to perform building and construction work expires;
whichever first occurs.
(2AA) 	A notification under paragraph (2AAA) (b) shall specify—
	(a)	the date on which the registered employee or registered contractor became otherwise employed or engaged in work in the building and construction industry; and
	(b)	the name and address of the principal place of business of his or her employer (if any), or if the employer is a body corporate, the address of its registered office.
(2AB) 	An employee or contractor is entitled to apply for and be paid an amount in lieu of long service leave in respect of any period of service entered in the Register before the date on which his or her registration ceased if the employee or contractor would, but for his or her ceasing to be registered, have been entitled to payment in respect of that period under section 53.
(2A) 	If—
	(a)	the name of a registered employee or registered contractor has been removed from the Employees and Contractors Register; and
	(b)	the Board is satisfied that the employee or contractor has been credited with a period of service pursuant to a corresponding law within the period of 4 years ending on the day on which his or her name was removed from the register;
the Board shall re-register the name of the employee or contractor in the Employees and Contractors Register.
(2B) 	Where the name of an employee or contractor has been re-registered pursuant to subsection (2A), this Act applies in relation to the employee or contractor as if his or her name had not been removed from the Employees and Contractors Register.
(3) 	Nothing in the section prevents a person whose name has been removed from the register from applying to the Board for registration under this Act.
Part VII—Annual Certificates
46. 	Annual certificates for employees and contractors
(1) 	The Registrar shall, as soon as practicable after 31 July, but not later than 1 November, in each year, send by post to each registered employee or registered contractor at his or her address as last recorded in the Employees and Contractors Register, a certificate specifying—
	(a)	the total number of days’ service with which that employee or contractor has been credited in that Register in respect of the period commencing on the date of registration of the employee or contractor and ending on 30 June immediately preceding the date of the certificate;
	(b)	the number of days’ service with which that employee or contractor has been so credited in respect of the year ending on 30 June immediately preceding the date of the certificate; and
	(c)	in the case of a registered contractor—the total of the amounts paid by that contractor to the Board in pursuance of section 38 during the year ending on 30 June immediately preceding the date of the certificate.
(2) 	Subsection (1) does not apply if the Registrar believes on  reasonable grounds that the address of a registered employee or registered contractor, as last recorded in the Employees and Contractors Register, is not the present address of the employee or contractor.
47. 	Annual certificates for employers
	The Registrar shall, as soon as practicable after 31 July, but not later than 1 November, in each year, send by post to each employer at his or her address, as last recorded in the Employers Register, a certificate specifying—
	(a)	the name, as recorded in the Employees and Contractors Register, of each of the employees employed by the employer during the year ending on 30 June immediately preceding the date of the certificate;
	(b)	the total number of days’ service with which each employee of that employer has been credited in the Employees and Contractors Register in respect of the period commencing on the date of registration of the employee and ending on 30 June immediately preceding the date of the certificate;
	(c)	the number of days’ service with which each employee of that employer has been so credited in respect of the year ending on 30 June immediately preceding the date of the certificate; and
	(d)	the total of the amounts paid by that employer to the Board in pursuance of section 37 during the year ending on 30 June immediately preceding the date of the certificate.
48. 	Objection to matter specified in annual certificate
(1) 	A person to whom a certificate is sent in pursuance of section 46 or 47 may, within 6 months after the date of the certificate, lodge with the Board an objection in writing against the accuracy of any matter specified in the certificate.
(2) 	Where an objection is lodged with the Board under subsection (1), the Board shall determine the objection and, where the Board allows the objection, shall make any necessary correction in the Register and issue an amended certificate to the person who lodged the objection.
Part VIII—Long Service Leave and Payments
49. 	Long service leave
	A registered employee or a registered contractor is entitled to long service leave in accordance with the provisions of this Act.
50. 	Year of service
	For the purposes of this Act, a registered employee or a registered contractor shall be taken—
	(a)	to have completed a year of service for each 220 days’ service credited to the employee or contractor in the Employees and Contractors Register; and
	(b)	to have completed a year of recognised service for each 220 days’ recognised service credited to the employee or contractor.
51. 	Amount of leave
(1) 	A registered employee or registered contractor who is credited with a period of recognised service of not less than 10 years is entitled to—
	(a)	an amount of long service leave calculated at the rate of the defined fraction of a week’s leave for each completed year of service credited to the employee or contractor in the Employees and Contractors Register; and
	(b)	for any remainder of the period of service credited to the employee or contractor in the Employees and Contractors Register—an amount of long service leave equal to the period that bears the same proportion to the defined fraction of a week as the remainder bears to 1 completed year of service.
(2) 	A registered employee or a registered contractor who—
	(a)	becomes entitled to long service leave by virtue of this Act; and
	(b)	is credited in the Employees and Contractors Register with a further period of service commencing on the date on which he or she so became entitled to long service leave;
is, entitled to long service leave in respect of that further period calculated in accordance with paragraphs (1) (a) and (b).
52. 	Grant of leave
(1) 	Long service leave to which a registered employee is entitled under this Act shall be granted by the employer—
	(a)	within 6 months after the leave has accrued, or within such further period as the Board, on application made by the employer or the employee, determines; or
	(b)	at such other time or times as are agreed by the employer and the employee.
Penalty:  50 penalty units.
(2) 	Long service leave shall not be granted in a period of less than 2 weeks.
(3) 	Where long service leave is granted in pursuance of this section, the employer shall give the registered employee a notice in writing specifying the date from which the long service leave is to be taken and the date on which the leave ends.
(4) 	Unless the registered employee otherwise agrees, a notice under subsection (3) shall be given to the employee at least 2 months before the date specified in the notice as the date from which the long service leave is to be taken.
Penalty:  50 penalty units.
53. 	Entitlement to payment in lieu of leave
(1) 	Where—
	(a)	a registered employee or registered contractor is credited with a period of recognised service, being a period—
	(i)	in the case of an employee—of not less than 5 years but less than 10 years; or
	(ii)	in the case of a person who has performed building and construction work as an employee and as a contractor—
	(A)	if the period of work as a contractor is not less than 1 year but his or her period of work as an employee and a contractor is less than 5 years—the period of service as a contractor; or
	(B)	if the total period of work as an employee and a contractor is equal to or exceeds 5 years—the period of service as an employee and a contractor;
	(b)	in the case of an employee (other than a working director)—
	(i)	he or she ceased work in the building and construction industry (for a reason other than total incapacity, death or having reached the prescribed retiring age), with the intention of leaving the industry permanently; and
	(ii)	a period of not less than 20 weeks has expired commencing on the day after the day on which the employee ceased work and in respect of which period the employee has not been credited with any service; and
	(ba)	in the case of a contractor or working director—he or she has requested the Board in writing to remove his or her name from the Employees and Contractors Register;
the employee or contractor is entitled to payment in lieu of long service leave in respect of—
	(c)	an amount of long service leave calculated at the rate of the defined fraction of a week’s leave for each completed year of service credited to the employee or contractor in the Employees and Contractors Register; and
	(d)	for any remaining period of service credited to the employee or contractor in the Employees and Contractors Register—an amount of long service leave equal to the period that bears the same proportion to the defined fraction of a week as that remaining period bears to 1 completed year of service.
(1A) 	An employee who, but for this subsection, would not be entitled under subsection (1) to payment in lieu of long service leave because the period referred to in subparagraph (1) (b) (ii) has not expired, is entitled to payment if the Board is satisfied that—
	(a)	the employee has ceased work in the building and construction industry (for a reason other than total incapacity, death or having reached the prescribed retiring age), with the intention of leaving the industry permanently; and
	(b)	the employee intends to reside permanently in another country.
(2) 	Where—
	(a)	a registered employee or registered contractor is credited with a period of recognised service of not less than 55 days but less than 10 years; and
	(b)	the employee or contractor ceases work in the building and construction industry because of total incapacity or death;
the employee or contractor is entitled to payment in lieu of long service leave in respect of—
	(c)	an amount of long service leave calculated at the rate of the defined fraction of a week’s leave for each completed year of service credited to the employee or contractor in the Employees and Contractors Register; and
	(d)	for any remaining period of service credited to the employee or contractor in the Employees and Contractors Register—an amount of long service leave equal to the period that bears the same proportion to the defined fraction of a week as that remaining period bears to 1 completed year of service.
54. 	Payment in lieu of leave on retirement
	Where—
	(a)	a registered employee or registered contractor is credited with a period of recognised service of not less than 55 days but less than 10 years; and
	(b)	the employee or contractor reaches the prescribed retiring age and, because of reaching that age, ceases to work in the building and construction industry, with the intention of leaving the industry permanently;
the employee or contractor is entitled to payment in lieu of long service leave in respect of—
	(c)	an amount of long service leave calculated at the rate of the defined fraction of a week’s leave for each completed year of service credited to the employee or contractor in the Employees and Contractors Register; and
	(d)	for any remaining period of service credited to the employee or contractor in the Employees and Contractors Register—an amount of long service leave equal to the period that bears the same proportion to the defined fraction of a week as that remaining period bears to 1 completed year of service.
55. 	Payment for leave
(1) 	A registered employee who has been granted long service leave under section 52, or a registered contractor who is entitled to long service leave, may apply to the Board for payment in respect of that leave.
(2) 	An application under subsection (1) shall—
	(a)	be in writing signed by the applicant;
	(b)	be lodged with the Board;
	(c)	specify the period of long service leave in respect of which the payment is sought; and
	(d)	in the case of an application by a registered employee—be accompanied by the notice referred to in subsection 52 (3).
(3) 	Where an application is made under subsection (1) and the Board is satisfied that the applicant is entitled to long service leave under this Act, the Board shall pay to the applicant out of the moneys of the Board an amount calculated in accordance with section 57.
(4) 	Where—
	(a)	an application is lodged not later than 14 days before the applicant becomes entitled to long service leave under this Act; and
	(b)	the applicant makes such a request in the application;
the Board shall pay to the applicant any amount payable under subsection (3) not later than 7 days before the applicant becomes entitled to that long service leave.
56. 	Payment in lieu of leave
(1) 	Where a registered employee or a registered contractor is entitled to payment in lieu of long service leave under this Act, the employee or contractor may apply to the Board for payment accordingly.
(2) 	An application under subsection (1) shall—
	(a)	be in writing signed by the applicant;
	(b)	be lodged with the Board; and
	(c)	in the case of an application by a registered employee or a registered contractor who ceases work in the building and construction industry by reason of total incapacity—be accompanied by the certificate of a registered medical practitioner certifying that the employee or contractor is totally incapacitated for service in the building and construction industry.
(3) 	The Board may require an applicant referred to in paragraph (2) (c) to submit himself or herself to a medical examination by a registered medical practitioner selected by the Board for that purpose from a panel of 3 registered medical practitioners nominated by the Capital Territory Group of the Australian Medical Association.
(4) 	All fees or charges payable in respect of a medical examination under subsection (3) shall be paid by the Board.
(5) 	Where an applicant refuses or fails, without reasonable excuse, to comply with a requirement of the Board under subsection (3), the Board may refuse the application.
(6) 	Where an application is made under subsection (1) and the Board is satisfied that the registered employee or registered contractor to whom the application relates is entitled to payment in lieu of leave under this Act, the Board shall pay to the applicant out of the moneys of the Board an amount calculated in accordance with section 57.
56A. 	Payment for service in reciprocating State or Territory
(1) 	If a registered employee or registered contractor—
	(a)	is entitled to long service leave, or payment in lieu of long service leave, in respect of a period of service credited to the employee or contractor in the Employees and Contractors Register; and
	(b)	at the time of making an application in respect of that period of service under section 55 or 56, the employee or contractor is or may be entitled, under the corresponding law of a reciprocating State or Territory, to long service leave, or payment in lieu of long service leave, in respect of a period of service in that State or Territory;
the employee or contractor may, when lodging the application, lodge with the Board an application for payment in respect of the long service leave, or payment in lieu of the long service leave, to which the employee or contractor is or may be entitled under that corresponding law.
(2) 	An application shall—
	(a)	be in writing signed by the applicant;
	(b)	specify any State or other Territory under a corresponding law of which a period of service has been credited; and
	(c)	in the case of an applicant who has ceased to work in the building and construction industry because of total incapacity—be accompanied by a copy of the registered medical practitioner’s certificate referred to in paragraph 56 (2) (c).
(3) 	Where the Board receives an application in respect of a period of service in a reciprocating State or Territory, the Board shall—
	(a)	send particulars of the application, including details of the period of service credited to the applicant in the Employees and Contractors Register, to the reciprocal authority of that State or Territory; and
	(b)	send the reciprocal authority any other relevant information, and copies of any relevant documents, in the possession of the Board, including, in the case of an applicant who has ceased to work in the building and construction industry because of total incapacity—
	(i)	the copy of the registered medical practitioner’s certificate referred to in paragraph (2) (c);
	(ii)	if the applicant submitted to a medical examination required by the Board pursuant to subsection 56 (3)—a copy of the examiner’s report;
	(iii)	if the applicant was required to submit to a medical examination under subsection 56 (3) but refused to do so—advice of that refusal; and
	(iv)	advice as to whether or not the Board is satisfied that the applicant is entitled to payment under this Act in respect of the period of service credited to the applicant in the Employees and Contractors Register.
(4) 	If the Board is advised by the reciprocal authority that the applicant is entitled to payment under the corresponding law of the reciprocating State or Territory, the Board shall—
	(a)	pay the applicant, on behalf of the reciprocal authority, the amount specified for the purpose by the reciprocal authority; and
	(b)	notify the reciprocal authority that the payment has been made.
(5) 	Where—
	(a)	an applicant under subsection (1) is entitled to long service leave under this Act;
	(b)	the application under subsection (1) is lodged not later than 28 days before the applicant becomes entitled to that long service leave; and
	(c)	the applicant makes such a request in the application;
the Board shall pay to the applicant any amount payable under subsection (4) not later than 7 days before the applicant becomes entitled to that long service leave.
56B. 	Payments by reciprocal authority on Board’s behalf
(1) 	If—
	(a)	the Board receives from a reciprocal authority particulars of an application made to the reciprocal authority by a registered employee or registered contractor for payment in respect of long service leave, or payment in lieu of long service leave, in respect of a period of service credited to the applicant in the Employees and Contractors Register; and
	(b)	the Board is satisfied that the applicant is entitled to that payment;
the Board may authorise the reciprocal authority to pay the applicant, on behalf of the Board, the amount calculated by the Board in accordance with section 57 as the amount to which the applicant is entitled.
(2) 	When considering whether or not an applicant is entitled to payment, the Board may—
	(a)	take account of the particulars and any information or documents received by the Board from the reciprocal authority in relation to the application; and
	(b)	in the case of an applicant who has ceased to work in the building and construction industry because of total incapacity, if the Board thinks it necessary—require the applicant—
	(i)	to produce to the Board the certificate of a registered medical practitioner certifying that the applicant is totally incapacitated for work in the building and construction industry; and
	(ii)	to submit to a medical examination by a registered medical practitioner selected by the Board from a panel of 3 registered medical practitioners nominated by the Capital Territory Group of the Australian Medical Association.
(3) 	All fees or charges payable in respect of a medical examination under subparagraph (2) (b) (ii) shall be paid by the Board.
(4) 	If an applicant refuses or fails, without reasonable excuse, to comply with a requirement made pursuant to subparagraph (2) (b) (i) or (ii), the Board may refuse to authorise any payment to be made to the applicant.
(5) 	Where the Board has authorised the reciprocal authority to pay the applicant an amount determined by the Board, the Board shall, on being notified by the reciprocal authority that the payment has been made, reimburse the reciprocal authority for that amount within 1 month after the day on which the payment was made.
57. 	Amount of payment
(1) 	Where an application for payment is made to the Board by a person who is or was an employee, in respect of his or her period of service as an employee, the amount of payment to be made to the applicant in respect of service credited to the applicant in the Employees and Contractors Register shall be calculated in accordance with the formula—
the defined fraction	x	 D 	x R,	where—	
		220		
	(a)	D is the number of days’ service credited to the applicant in the Employees and Contractors Register in respect of which the applicant is to be paid; and
	(b)	R is the weekly average of the ordinary remuneration received by the applicant, being the greater of the following 2 amounts:
	(i)	the amount calculated in accordance with the formula
           OR            	x 5, where—	
(DS + DA + PH)	
OR	is the aggregate of the ordinary remuneration recorded in the Employees and Contractors Register as received by the applicant during the assessment time;
DS	is the number of days’ service during the assessment time credited to the applicant in the Employees and Contractors Register;
DA	is the number of days during the assessment time during which the applicant was absent from employment in the building and construction industry and was paid, or was entitled to be paid, ordinary remuneration, or compensation under the Workers’ Compensation Act 1951, by an employer in that industry, being days which are not credited to the applicant as service in the Employees and Contractors Register; and
PH	is the number of public holidays and award holidays during the assessment time;
	(ii)	the amount calculated in accordance with the formula
           OR            	x 5, where—	
(DS + DA + PH)	
OR	is the aggregate of the ordinary remuneration recorded in the Employees and Contractors Register as received by the applicant during the 12 month period ending at the termination of the last assessment period before the assessment date;
DS	is the number of days’ service during the 12 month period ending at the termination of the last assessment period before the assessment date, being service which is credited to the applicant in the Employees and Contractors Register;
DA	is the number of days during the 12 month period ending at the termination of the last assessment period before the assessment date during which the applicant was absent from employment in the building and construction industry and was paid, or was entitled to be paid, ordinary remuneration, or compensation under the Workers’ Compensation Act 1951, by an employer in that industry, being days which are not credited to the applicant as service in the Employees and Contractors Register; and
PH	is the number of public holidays and award holidays during the 12 month period ending at the termination of the last assessment period before the assessment date.
(2) 	Where an application for payment is made to a reciprocal authority, the amount of payment to be made to the applicant in respect of service credited to the applicant in the Employees and Contractors Register shall be calculated in accordance with the formula—
the defined fraction	x	 D 	x R,	where—	
		220	
	(a)	D is the number of days’ service credited to the applicant in the Employees and Contractors Register in respect of which the applicant is to be paid; and
	(b)	R is the amount determined by the reciprocal authority as the weekly average of the remuneration by reference to which payment is to be made to the applicant in respect of the service credited to the applicant in the State or Territory, as the case requires.
(2A) 	Where an application for payment is made to the Board by a person who is or was a registered contractor, in respect of his or her period of service as a registered contractor, the amount of payment to be made to the applicant in respect of service credited to the applicant in the Employees and Contractors Register is the sum of—
	(a)	amounts paid by the registered contractor to the Board under section 38; and
	(b)	interest at the determined rate calculated from the date of receipt of each amount paid under section 38.
(2B) 	The Board shall determine an interim rate from time to time prior to the determination of the rate under subsection (2A).
(3) 	In this section—
“assessment date” in relation to an applicant, means the date on which the relevant application is received by the Board;
“assessment period” means a period in relation to which a notice specifying the applicant as an employee has been lodged pursuant to section 37;
“assessment time” means the 2 assessment periods most recently completed before the assessment date, whether or not those periods are consecutive.
“determined rate” means the rate determined by the Board on or after 1 July in each year for the preceding financial year taking into account the expenses incurred in administering the Board, being a rate not less than 75% of the rate of interest expressed as a percentage earned by the Board as calculated by the formula—
x 100
where—
	FB	is the amount of the total equity of the Board at the end of the financial year preceding the financial year in respect of which the rate is being determined;
	FE	is the amount of the total equity of the Board at the end of the financial year in respect of which the rate is being determined;
	I	is the amount of income derived from the investments of the moneys of the Board in the financial year in respect of which the rate is being determined;
“total equity”, in relation to the Board, means the total assets less the total liabilities of the Board ascertained by reference to the audited balance sheet of the Board in respect of the relevant financial year.
57A. 	Records of payment and service
	Notwithstanding section 40, where the Board—
	(a)	pays an amount to a registered employee or registered contractor pursuant to section 55 or 56; or
	(b)	has reimbursed a reciprocal authority pursuant to subsection 56B (5) for an amount paid to a registered employee or registered contractor;
the Board may delete from the Employees and Contractors Register the particulars relating to the period of service in respect of which the employee or contractor has been paid, but shall keep another record of that period of service, the amount paid to the employee or contractor for long service leave, or in lieu of long service leave, and the period of long service leave (if any) granted to or taken by the employee or contractor.
58. 	Public holidays to count as leave
	Where a public holiday or an award holiday falls during a period of long service leave taken by a registered employee or contractor—
	(a)	the public holiday or award holiday shall be deemed to be part of the long service leave; and
	(b)	the period of leave shall not be increased because of the holiday.
Part IX—Miscellaneous
59. 	Review of decisions
(1) 	Application may be made to the Administrative Appeals Tribunal for review of a decision by the Board—
	(aa)	refusing to register an employer under section 28;
	(a)	confirming, under subsection 36 (4), a decision of the Registrar to refuse an application for registration;
	(b)	refusing to grant an exemption to an employer under subsection 37 (4);
	(ba)	refusing to allow a further period under paragraph 37 (6) (b);
	(bb)	that it is not satisfied that a person to whom a notice under subsection 37A (1) relates is a working director;
	(c)	making a determination under section 41;
	(ca)	refusing to re-register the name of an employee or contractor under subsection 45 (2A);
	(d)	determining, under subsection 48 (2), an objection made under subsection 48 (1);
	(e)	determining, or refusing to determine, a further period as mentioned in paragraph 52 (1) (a);
	(ea)	that it is not satisfied that an applicant is entitled to payment as mentioned in subsection 53 (1A);
	(f)	refusing to make a payment under subsection 55 (3), 56 (6) or 63 (5);
	(fa)	that it is not satisfied that an applicant is entitled to payment as mentioned in subparagraph 56A (3) (b) (iv);
	(g)	refusing to authorise a payment to be made under subsection 56B (1); or
	(h)	as to the amount that would otherwise have been the weekly average of the ordinary remuneration of an applicant as mentioned in subparagraph 57 (1) (b) (ii).
(2) 	Application may be made to the Administrative Appeals Tribunal for review of a decision by the Registrar—
	(a)	determining, or refusing to determine, a further period as mentioned in subsection 37 (1);
	(b)	refusing to remit, pursuant to subsection 37 (7), part or all of an amount payable by the employer under subsection 37 (6);
	(c)	determining, or refusing to determine, a further period as mentioned in subsection 38 (1); or
	(d)	refusing to credit an employee with a period of service under subsection 42 (7).
59A. 	Notification of decisions
(1) 	Where the Board or the Registrar makes a decision of a kind referred to in section 59, the Board or the Registrar respectively shall cause notice in writing to be given to the person whose interests are affected by the decision.
(2) 	A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
59B. 	Evidentiary certificates
(1) 	In proceedings for an offence against subsection 37 (1), a certificate signed by the Registrar to the effect—
	(a)	that an employer was required to lodge a notice pursuant to paragraph 37 (1) (a) on or before a date ascertained in accordance with subsection 37 (1) and specified in the certificate;
	(b)	that an employer was required, pursuant to paragraph 37 (1) (b), to pay the prescribed amount in relation to a period specified in the certificate on or before a date ascertained in accordance with subsection 37 (1) and specified in the certificate;
	(c)	that the Registrar did not allow an employer any further period to lodge a notice pursuant to paragraph 37 (1) (a), or to pay an amount pursuant to paragraph 37 (1) (b), as the case may be;
	(d)	that the Registrar allowed an employer the further period specified in the certificate to lodge a notice pursuant to paragraph 37 (1) (a), or to pay an amount pursuant to paragraph 37 (1) (b), as the case may be;
	(e)	that an employer had or had not lodged a notice pursuant to paragraph 37 (1) (a) on or before a date specified in the certificate; or
	(f)	that an employer had or had not paid, pursuant to paragraph 37 (1) (b), an amount in relation to a period specified in the certificate on or before a date specified in the certificate;
is evidence of the matters stated in the certificate.
(2) 	In proceedings for an offence against subsection 38 (1), a certificate signed by the Registrar to the effect—
	(a)	that a registered contractor was required to lodge a notice pursuant to paragraph 38 (1) (a) on or before a date ascertained in accordance with subsection 38 (1) and specified in the certificate;
	(b)	that a registered contractor was required, pursuant to paragraph 38 (1) (b), to pay the prescribed amount in relation to a period specified in the certificate on or before a date ascertained in accordance with subsection 38 (1) and specified in the certificate;
	(c)	that the Registrar did not allow a registered contractor any further period to lodge a notice pursuant to paragraph 38 (1) (a), or to pay an amount pursuant to paragraph 38 (1) (b), as the case may be;
	(d)	that the Registrar allowed a registered contractor the further period specified in the certificate to lodge a notice pursuant to paragraph 38 (1) (a), or to pay an amount pursuant to paragraph 38 (1) (b), as the case may be;
	(e)	that a registered contractor had or had not lodged a notice pursuant to paragraph 38 (1) (a) on or before a date specified in the certificate; or
	(f)	that a registered contractor had or had not paid, pursuant to paragraph 38 (1) (b), an amount in relation to a period specified in the certificate on or before a date specified in the certificate;
is evidence of the matters stated in the certificate.
60. 	Inspection of Register
	An employer, a registered employee or a person acting on his or her behalf, or a registered contractor may inspect, and obtain a certified copy of, an entry in a Register, being an entry that relates to that employer, employee or contractor, as the case may be.
61. 	No contracting out
(1) 	Subject to subsection (2), this Act has effect notwithstanding any award or agreement to the contrary.
(2) 	Nothing in this Act affects the operation of an award or agreement to the extent that the award or agreement confers upon a registered employee rights that are more advantageous to the employee than the rights conferred upon the employee by this Act.
62. 	Declaration of corresponding laws
(1) 	Where a law of another Territory provides for long service benefits for employees or contractors engaged in the building and construction industry, being benefits that are the same as or similar to the benefits provided by this Act, the Minister may, on the recommendation of the Board, by notice published in the Gazette, declare the law to be a corresponding law for the purposes of this Act.
(2) 	For the purposes of this Act—
	(a)	the Building and Construction Industry Long Service Payments Act 1986 of the State of New South Wales;
	(b)	the Long Service Leave (Building Industry) Act 1975 of the State of South Australia; and
	(c)	the Construction Industry Long Service Leave Act 1983 of the State of Victoria;
shall each be deemed to have been declared a corresponding law on 29 September 1986.
63. 	Benefits under Long Service Leave Act
(1) 	Where a registered employee—
	(a)	is an employee within the meaning of the Long Service Leave Act or a prescribed law; and
	(b)	at any time after 1 October 1981, became or becomes entitled to take long service benefits under the Long Service Leave Act or the prescribed law in respect of a period of service in the Territory in the building and construction industry;
the employee shall elect whether to take the benefits provided under either the Long Service Leave Act or the prescribed law, or the benefits provided under either this Act or the corresponding law of a reciprocating State or Territory, in respect of the period of service.
(2) 	Where a registered employee makes an election under subsection (1), he or she shall notify the Board in writing of the nature of his or her election and the period of service in relation to which the election is made.
(3) 	A registered employee who elects in pursuance of subsection (1) to take long service benefits under the Long Service Leave Act or a prescribed law in respect of any period of service in the building and construction industry shall not be credited in the Employees and Contractors Register with the period of service referred to in section 43 or 44 and the Board shall remove from that Register any other period with which the employee is credited in respect of that period of service.
(4) 	Where an employer makes a payment in pursuance of section 8 of the Long Service Leave Act or in pursuance of a prescribed law for, or in lieu of, long service leave to, or in relation to, a registered employee who has elected to take long service benefits under that Act or the prescribed law in respect of a period of service in the building and construction industry, the employer may apply to the Board for payment to him or her of the prescribed amount.
(5) 	Where an application is made to the Board by an employer under subsection (4) and the Board is satisfied that the amount paid by the employer was properly paid in pursuance of section 8 of the Long Service Leave Act or in pursuance of the prescribed law, the Board shall pay to the employer out of the moneys of the Board the prescribed amount less any amount outstanding that is payable by the employer to the Board.
(6) 	For the purposes of subsections (4) and (5), the prescribed amount is a proportion of the amount that would have been payable by the Board to the registered employee if the employee had been entitled to payment for long service leave under this Act in respect of the period specified by the employee under subsection (2), being a proportion calculated in accordance with the formula—
P1	where—	
P2		
	(a)	P1 is the number of working days in the period that commenced on 1 October 1981 and ending on the date on which the employee became or becomes entitled to Long Service Benefits under the Long Service Leave Act or the prescribed law; and
	(b)	P2 is the number of working days in the period specified by the employee under subsection (2).
64. 	Agreements with other States and Territories
	Where the Minister has declared a law of a State or another Territory to be a corresponding law for the purposes of this Act, the Minister may make a reciprocal agreement or reciprocal arrangement with the Minister of State of that State or Territory responsible for the administration of that law, being a reciprocal agreement or reciprocal arrangement relating to—
	(a)	payments for, or in lieu of, long service leave;
	(b)	the exchange of information concerning service credits and entitlements to long service benefits between the Board and any equivalent authority established under that law; and
	(c)	such other matters relating to long service benefits as the Minister thinks necessary or convenient.
66. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTES
1.	The Long Service Leave (Building and Construction Industry) Act 1981 as shown in this reprint comprises Act No. 23, 1981 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.

Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Long Service Leave (Building and Construction Industry) Ordinance 1981	23, 1981	10 Sept 1981	Parts I and II (ss. 1-25):  10 Sept 1981
Remainder:  1 Oct 1981 (see Gazette 1981, No. S203)		
Long Service Leave (Building and Construction Industry) Ordinance 1984	12, 1984	9 May 1984	9 May 1984	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 2) 1984	56, 1984	19 Oct 1984	19 Oct 1984	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance 1986	55, 1986	11 Sept 1986	9 May 1984	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance 1987	16, 1987	1 May 1987	1 Nov 1987 (see Gazette 1987, No. GN25, 
p. 1426)	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 2) 1987	74, 1987	22 Dec 1987	22 Dec 1987	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance 1988	22, 1988	18 May 1988	18 May 1988	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 2) 1988	49, 1988	3 Aug 1988	3 Aug 1988	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 3) 1988	64, 1988	21 Sept 1988	21 Sept 1988	—	
Long Service Leave (Building and Construction Industry) (Amendment) Ordinance (No. 4) 1988	74, 1988	19 Oct 1988	19 Oct 1988	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)	—	

Self-Government day 11 May 1989
Table 2

Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Long Service Leave (Building and Construction Industry) (Amendment) Act 1990	9, 1990	9 May 1990	Ss. 1-4, 7 and 13:  1 Jan 1990
Remainder:  9 May 1990	S. 13	
Statutory Authorities (Audit Arrangements) Act 1990	25, 1990	22 June 1990	Ss. 1 and 2:  22 June 1990
Remainder:  22 June 1990 (see Gazette 1990, No. S35)	Ss. 19 and 20	
Workers’ Compensation (Consequential Amendments) Act 1991	106, 1991	15 January 1992	Ss. 1 and 2:  15 January 1992
Remainder:  22 January 1992 (see s. 2 (2) and Gazette 1992, No. S9)	—	
Long Service Leave (Building and Construction Industry) (Amendment) Act 1992	15, 1992	2 June 1992	2 June 1992	—	
Long Service Leave (Building and Construction Industry) (Amendment) Act 1993	39, 1993	29 June 1993	Ss. 1 and 2:  29 June 1993
Remainder:  1 July 1993 (see Gazette 1993, No. S151)	Ss. 10 (2)  and 32	
Long Service Leave (Building and Construction Industry) (Amendment) Act  (No. 2) 1993	102, 1993	24 Dec 1993	1 Jan 1994	—	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)	—	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III 
(ss. 4-9)	

(Reprinted as at 31 January 1995)	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	26, 1996	1 July 1996	1 July 1996	—	
Long Service Leave (Building and Construction Industry) (Amendment) Act 1996	66, 1996	3 Dec 1996	Ss. 1-3:  3 Dec 1996
S. 5:  1 Jan 1996
Remainder:  30 June 1998	S. 6 (2)
(am. by 
98, 1997,
 s. 5)	
	as
amended
 by					
Long Service Leave (Building and Construction Industry) (Amendment) Act 1997	98, 1997	24 Dec 1997	24 Dec 1997	—	
Long Service Leave (Building and Construction Industry) (Amendment) Act (No. 2) 1996	80, 1996	20 Dec 1996	20 Dec 1996	—	
Remuneration Tribunal (Consequential Amendments) Act 1997	41, 1997	19 Sept 1997	Ss. 1 and 2:  19 Sept 1997
Remainder:  23 Sept 1997 (see Gazette 1997, No. S280)	—	
(Reprinted as at 30 June 1998)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. Nos. 12 and 56, 1984; No. 55, 1986; Nos. 16 and 74, 1987; No. 64, 1988; No. 38, 1989; Act No. 106, 1991; No. 15, 1992; No. 39, 1993; Nos. 60 and 97, 1994; No. 80, 1996
S. 4	am. Act No. 39, 1993
S. 5	am. No. 38, 1989
S. 6	am. No. 16, 1987; Act No. 9, 1990;  No. 39, 1993; No. 66, 1996
S. 7	am. No. 16, 1987; Act No. 38, 1994
S. 7A	ad. No. 74, 1987
	am. No. 38, 1989; Act No. 9, 1990
S. 8	am. No. 22, 1988; Act No. 15, 1992;  No. 39, 1993
S. 9	am. No. 22, 1988; Act No. 9, 1990;  No. 39, 1993
Ss. 10, 11	am. Act No. 39, 1993
S. 12 	rep Act No. 41, 1997
S. 13	rs. No. 22, 1988
	am. Act No. 15, 1992;  No. 39, 1993
S. 14	am. Act No. 39, 1993; No. 54, 1998
S. 16	am. Act No. 39, 1993
S. 17	am. No. 38, 1989
	rs. Act No. 97, 1994
S. 17A	ad. Act No. 97, 1994
S. 18	am. No. 74, 1987; No. 74, 1988; No. 38, 1989;  Act No. 39, 1993
S. 18A	ad. No. 74, 1988
	am. Act No. 54, 1998
S. 19	am. No. 74, 1987; No. 74, 1988;  Act No. 39, 1993; No. 81, 1994
Heading to Div. 2A of	am. Act No. 39, 1993
  Part II
Div. 2A of Part II	ad. Act No. 9, 1990
(ss. 19A-19D)	rep. No. 66, 1996
Ss. 19A, 19B	ad. Act No. 9, 1990
	am. No. 39, 1993
	rep. No. 66, 1996
S. 19C	ad. Act No. 9, 1990
	am. No. 39, 1993; No. 66, 1996
	rep. No. 66, 1996
S. 19D	ad. Act No. 9, 1990
	am. No. 39, 1993
	rep. No. 66, 1996
S. 20	am. No. 16, 1987
S. 22	am. No. 38, 1989
S. 23	am. No. 74, 1987; Act No. 9, 1990;  No. 39, 1993; No. 26, 1996
S. 24	am. Act No. 9, 1990
S. 25	am. No. 16, 1987
	rep. No. 26, 1996
S. 25A	ad. Act No. 25, 1990
	rep. No. 26, 1996
S. 25B	ad. Act No. 25, 1990
	rs. No. 39, 1993
	rep. No. 26, 1996
Div. 4 of Part II	ad. Act No. 15, 1992
(ss. 25C, 25D)	rep. No. 38, 1994
Div. 4 of Part II (s. 25C)	ad. Act No. 38, 1994
S. 25C	ad. Act No. 15, 1992
	rs. No. 38, 1994
S. 25D	ad. Act No. 15, 1992
	rep. No. 38, 1994
S. 27	am. No. 12, 1984;  Act No. 39, 1993; No. 81, 1994
S. 28	am. No. 12, 1984
S. 29	am. Act No. 39, 1993
S. 30	am. Act No. 81, 1994
S. 32	am. No. 12, 1984; Nos. 16 and 74, 1987; No. 74, 1988; Act No. 39, 1993
S. 33	rep. No. 16, 1987
S. 34	am. No. 12, 1984; No. 74, 1987; Act No. 39, 1993
S. 35	am. No. 16, 1987
	rep. No. 74, 1987
S. 36	am. No. 12, 1984; No. 16, 1987; Act No. 39, 1993
S. 37	am. Nos. 16 and 74, 1987; Acts Nos. 39 and 102, 1993; No. 81, 1994
S. 37A	ad. Act No. 39, 1993
S. 38	am. No. 74, 1987; Act No. 39, 1993; No. 81, 1994
S. 39	am. No. 12, 1984; Act No. 39, 1993; No. 81, 1994
S. 40	am. No. 16, 1987; Act No. 39, 1993
S. 41	am. No. 74, 1987; Act No. 39, 1993
S. 42	am. No. 12, 1984; Nos. 16 and 74, 1987: Act No. 106, 1991; No. 39, 1993
Ss. 43, 44	am. No. 16, 1987
S. 45	am. Nos. 16 and 74, 1987; Act No. 39, 1993
Ss. 46, 47	am. No. 16, 1987; Act No. 39, 1993
S. 50	rs. No. 16, 1987
S. 51	am. No. 16, 1987; Act No. 39, 1993; No. 80, 1996
S. 52	am. Act No. 81, 1994
Ss. 53, 54	rs. No. 16, 1987
	am. Act No. 39, 1993; No. 80, 1996
S. 55	am. No. 16, 1987; Act No. 9, 1990
S. 56	am. No. 16, 1987; Act No. 39, 1993
S. 56A	ad. No. 16, 1987
	am. Act No. 9, 1990; No. 39, 1993
S. 56B	ad. No. 16, 1987
	am. Act No. 39, 1993
S. 57	rs. No. 16, 1987
	am. No. 49, 1988; Act No. 9, 1990; No. 106, 1991; No. 39, 1993; No. 80, 1996
S. 57A	ad. No. 16, 1987

S. 59	am. No. 16, 1987
	rs. No. 74, 1987
	am. No. 49, 1988; No. 38, 1989; Act No. 39, 1993; No. 60, 1994
S. 59A	ad. No. 74, 1987
	am. No. 38, 1989; Act No. 60, 1994
S. 59B	ad. No. 74, 1987
S. 60	am. Act No. 39, 1993
S. 62	am. No. 16, 1987
S. 63	am. No. 16, 1987; Act No. 39, 1993
S. 64	am. No. 16, 1987
S. 65	rep. No. 16, 1987
S. 66	am. No. 38, 1989