2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Industrial Relations)
Long Service Leave Legislation Amendment Bill 2008

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Long Service Leave Act 1976
	3	Legislation amended—pt 2	3
	4	Benefits under this Act and LSL (BCI) Act
Section 2D (1) (b)	3
	5	Benefits under this Act and LSL (CCI) Act
Section 2E (1) (b)	3
	6	Entitlement to long service leave
Section 3 (2)	3
	7	Grant of leave
Section 6 (1) (a)	3
	8	Section 6 (5)	4
	9	Pay in lieu of long service leave
Section 11A (4)	4
	10	Pay for ineligible service after 7 years
Section 11B	4
Part 3	Long Service Leave (Building and Construction Industry) Act 1981
	11	Legislation amended—pt 3	5
	12	Removing registration from workers register
Section 62 (4) (b)	5
	13	Section 87	5

2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Industrial Relations)
Long Service Leave Legislation Amendment Bill 2008

A Bill for
An Act to amend legislation about long service leave

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Long Service Leave Legislation Amendment Act 2008.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Long Service Leave Act 1976
3	Legislation amended—pt 2
This part amends the Long Service Leave Act 1976.
4	Benefits under this Act and LSL (BCI) Act
Section 2D (1) (b)
omit
, section 63
5	Benefits under this Act and LSL (CCI) Act
Section 2E (1) (b)
omit
, section 64
6	Entitlement to long service leave
Section 3 (2)
omit
consecutive 5 years
substitute
year
7	Grant of leave
Section 6 (1) (a)
substitute
	(a)	an employee of the employer becomes entitled to 4 weeks or more of long service leave; and
8	Section 6 (5)
omit
9	Pay in lieu of long service leave
Section 11A (4)
omit
10	Pay for ineligible service after 7 years
Section 11B
omit

Part 3	Long Service Leave (Building and Construction Industry) Act 1981
11	Legislation amended—pt 3
This part amends the Long Service Leave (Building and Construction Industry) Act 1981.
12	Removing registration from workers register
Section 62 (4) (b)
substitute
	(b)	the person’s employer makes an application under section 87A (Benefits under other laws—reimbursement of employer) for reimbursement of an amount paid under a relevant provision;
13	Section 87 
substitute
87	Benefits under other laws—election
	(1)	A registered worker must elect the law under which long service leave benefits are to be taken if the worker is eligible for long service benefits under this Act and any of the following laws:
	(a)	the Long Service Leave Act 1976;
	(b)	a corresponding law; 
	(c)	a law prescribed by regulation for employment in the building and construction industry.
	(2)	If a registered worker makes an election under subsection (1), the worker must tell the authority in writing the nature of the election and the service period for which the election is made.
	(3)	If a registered worker elects to take long service benefits under a law mentioned in subsection (1) (a), (b) or (c) for a service period, the authority must remove from the workers register the worker’s credits for the period.
	(4)	However, the authority must keep a record of the deleted credits.
87A	Benefits under other laws—reimbursement of employer 
	(1)	This section applies if—
	(a)	a registered worker has made an election under section 87 (Benefits under other laws—election); and
	(b)	an employer pays the registered worker an amount under a relevant provision.
	(2)	The employer may apply to the authority for reimbursement of an amount paid under the relevant provision.
	(3)	The authority must pay the employer the amount paid under the relevant provision, less any amount outstanding that is payable by the employer to the authority, if—
	(a)	an application is made to the authority under subsection (2); and 
	(b)	the governing board is satisfied that the amount paid by the employer was properly paid under the relevant provision.
	(4)	In this section:
relevant provision means—
	(a)	the Long Service Leave Act 1976, section 8 (Manner of payment for leave); or 
	(b)	a law prescribed by regulation for employment in the building and construction industry.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2008.
2	Notification
	Notified under the Legislation Act on	2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008