Australian Capital Territory
Long Service Leave (Portable Schemes) Amendment Act 2016
A2016-23
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Determination of levy—employers
Section 51 (2), new note	2
	5	Determination of levy—contractors
Section 56 (1), new note	2
	6	New section 56A	3
	7	Functions of governing board
New section 79I (aa)	3
	8	What is building and construction work?
Schedule 1, section 1.2 (1)	4
	9	Schedule 1, section 1.2 (2), definition of prescribed award	4
	10	Schedule 1, new section 1.2 (3) and (4)	4
	11	Schedule 2, section 2.2	5
	12	What is the community sector industry?
Schedule 3, section 3.1, new paragraph (a) (ia) and (ib)	5
	13	Schedule 3, section 3.1, new note	6
	14	What is community sector work?
Schedule 3, section 3.2, definition of community sector work	6
	15	What is security work?
Schedule 4, section 4.2, definition of security work	6
	16	Schedule 4, section 4.5 heading	6

Australian Capital Territory
Long Service Leave (Portable Schemes) Amendment Act 2016
A2016-23

An Act to amend the Long Service Leave (Portable Schemes) Act 2009

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Long Service Leave (Portable Schemes) Amendment Act 2016.
2	Commencement
This Act commences on 1 July 2016.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Long Service Leave (Portable Schemes) Act 2009.
4	Determination of levy—employers
Section 51 (2), new note
insert
Note 2	The governing board may determine minor changes to the levy payable (see s 56A).
5	Determination of levy—contractors
Section 56 (1), new note
insert
Note 2	The governing board may determine minor changes to the levy payable (see s 56A).
6	New section 56A
insert
56A	Minor changes to levy—employers and contractors
	(1)	Despite section 51 (2) (Determination of levy—employers) and section 56 (1) (Determination of levy—contractors), the governing board may determine the levy payable for a covered industry if—
	(a)	the board would, under section 51 (3) or section 56 (2), recommend a change to the current levy; and
	(b)	the change, together with any other changes made to the levy in the 12 months before the determination is made, is less than or equal to a variation of 40 basis points.
	(2)	If the governing board determines the levy, the board must tell the Minister, in writing, about the determination.
	(3)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	Nothing in this section prevents the governing board from making a recommendation under section 51 (3) or section 56 (2).
7	Functions of governing board
New section 79I (aa)
insert
	(aa)	determining a levy for a covered industry under section 56A (Minor changes to levy—employers and contractors); and
8	What is building and construction work?
Schedule 1, section 1.2 (1)
substitute
	(1)	In this Act:
building and construction work means—
	(a)	work in the building and construction industry; or
	(b)	direct supervision of a worker carrying out work in the building and construction industry.
Note	The Minister may declare work or an activity to be building and construction work (see s 12 (2) (d)) or to not be building and construction work (see s 13 (2) (d)).
9	Schedule 1, section 1.2 (2), definition of prescribed award
omit
10	Schedule 1, new section 1.2 (3) and (4)
insert
	(3)	This section, as amended by the Long Service Leave (Portable Schemes) Amendment Act 2016, is taken to have effect on and from 1 January 2010.
	(4)	This subsection and subsection (3) expire on the day they commence.
11	Schedule 2, section 2.2
substitute
2.2	What is cleaning work?
	(1)	In this Act:
cleaning work means—
	(a)	work that has, as its only or main component, bringing premises into, or maintaining premises in, a clean condition; or
	(b)	the collection or sorting of waste at, or for, an identified waste management facility if the employer providing the work through the provision of services does so under a contract with the Territory.
Note	The Minister may declare work or an activity to be cleaning work (see s 12 (2) (d)) or to not be cleaning work (see s 13 (2) (d)).
	(2)	The Minister may determine that a facility is an identified waste management facility for subsection (1) (b).
	(3)	A determination is a notifiable instrument.
Note 1	A notifiable instrument must be notified under the Legislation Act.
Note 2	The definition of cleaning work was broadened to include the collection and sorting of waste with effect from 1 July 2016.
12	What is the community sector industry?
Schedule 3, section 3.1, new paragraph (a) (ia) and (ib)
insert
	(ia)	the industry of providing residential aged care services; and
	(ib)	the industry of providing community aged care services; and
13	Schedule 3, section 3.1, new note
insert
Note	The definition of community sector industry was broadened to include residential aged care services and community aged care services with effect from 1 July 2016.
14	What is community sector work?
Schedule 3, section 3.2, definition of community sector work
substitute
community sector work means work carried out in the community sector industry.
Note	The Minister may declare work or an activity to be community sector work (see s 12 (2) (d)) or to not be community sector work (see s 13 (2) (d)).
15	What is security work?
Schedule 4, section 4.2, definition of security work
substitute
security work means work carried out in the security industry.
Note	The Minister may declare work or an activity to be work in the security industry (see s 12 (2) (d)) or to not be work in the security industry (see s 13 (2) (d)).
16	Schedule 4, section 4.5 heading
substitute
4.5	Service credit—security industry—s 64

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 7 April 2016.
2	Notification
	Notified under the Legislation Act on 11 May 2016.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Long Service Leave (Portable Schemes) Amendment Bill 2016, which was passed by the Legislative Assembly on 3 May 2016. 

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2016