{"id":"qld:act-2005-021","name":"Contract Cleaning Industry (Portable Long Service Leave) Act 2005","slug":"contract-cleaning-industry-portable-long-service-leave-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"21 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30370,"registerId":"qld-act-2005-021-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Contract Cleaning Industry (Portable Long Service Leave) Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 1 July 2005.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purpose of this Act","content":"### sec.4 Main purpose of this Act\n\nThe main purpose of this Act is to establish a scheme for portability of long service leave in the contract cleaning industry.\nAs part of the scheme, there are registration provisions for employers and workers and ways for calculating long service leave entitlements.\nAlthough an employer is required to be registered, the obligations under this Act apply to an employer whether or not the employer is registered under this Act.\nGenerally, an entitlement under this Act only accrues to a worker who is registered under this Act.\n(sec.4-ssec.1) The main purpose of this Act is to establish a scheme for portability of long service leave in the contract cleaning industry.\n(sec.4-ssec.2) As part of the scheme, there are registration provisions for employers and workers and ways for calculating long service leave entitlements.\n(sec.4-ssec.3) Although an employer is required to be registered, the obligations under this Act apply to an employer whether or not the employer is registered under this Act.\n(sec.4-ssec.4) Generally, an entitlement under this Act only accrues to a worker who is registered under this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of cleaning work","content":"### sec.6 Meaning of cleaning work\n\nCleaning work is work performed in Queensland that has as its main or only function the bringing of premises or public open spaces into, or keeping of premises or public open spaces in, a clean condition.\nSouth Bank Parklands\nHowever, cleaning work does not include the following work—\nwork that is the cleaning of a swimming pool and the grounds surrounding the swimming pool;\nwork that is the removal of waste from commercial waste receptacles from premises or public open spaces;\nwork that is bringing grounds surrounding a building or house into, or keeping the grounds in, a clean condition;\nwork of a gardening nature, including the removal or alteration of vegetation.\ns 6 sub 2009 No. 38 s 18\n(sec.6-ssec.1) Cleaning work is work performed in Queensland that has as its main or only function the bringing of premises or public open spaces into, or keeping of premises or public open spaces in, a clean condition. South Bank Parklands\n(sec.6-ssec.2) However, cleaning work does not include the following work— work that is the cleaning of a swimming pool and the grounds surrounding the swimming pool; work that is the removal of waste from commercial waste receptacles from premises or public open spaces; work that is bringing grounds surrounding a building or house into, or keeping the grounds in, a clean condition; work of a gardening nature, including the removal or alteration of vegetation.\n- (a) work that is the cleaning of a swimming pool and the grounds surrounding the swimming pool;\n- (b) work that is the removal of waste from commercial waste receptacles from premises or public open spaces;\n- (c) work that is bringing grounds surrounding a building or house into, or keeping the grounds in, a clean condition;\n- (d) work of a gardening nature, including the removal or alteration of vegetation.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of contract cleaning industry","content":"### sec.7 Meaning of contract cleaning industry\n\nThe contract cleaning industry is the industry in which individuals are engaged by a person to perform cleaning work for other people.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Who is an employer","content":"### sec.8 Who is an employer\n\nAn employer is a person who engages 1 or more individuals to perform cleaning work in the contract cleaning industry.\nHowever, employer does not include—\nthe Commonwealth; or\nthe State; or\na local government; or\na company whose only workers are directors, if each of the directors participates in the management of the company or shares in its profits.\n(sec.8-ssec.1) An employer is a person who engages 1 or more individuals to perform cleaning work in the contract cleaning industry.\n(sec.8-ssec.2) However, employer does not include— the Commonwealth; or the State; or a local government; or a company whose only workers are directors, if each of the directors participates in the management of the company or shares in its profits.\n- (a) the Commonwealth; or\n- (b) the State; or\n- (c) a local government; or\n- (d) a company whose only workers are directors, if each of the directors participates in the management of the company or shares in its profits.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Who is a worker","content":"### sec.9 Who is a worker\n\nA worker is an individual who—\nunder a contract of service is engaged to perform cleaning work in the contract cleaning industry; or\nunder a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or\nunder a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry unless—\nthe individual—\nis paid to achieve a stated result or outcome; and\nhas to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and\nis, or would be, liable for the cost of fixing a fault with the work performed; or\na personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60\nAlso, worker includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or another title.\nTo remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry.\nHowever, worker does not include an individual who performs work in the contract cleaning industry—\nin a managerial or clerical capacity; or\nunder a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or\nunder a contract of service with the Commonwealth, the State or a local government; or\nunder a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or\nunder a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.\ns 9 amd 2009 No. 38 s 19\n(sec.9-ssec.1) A worker is an individual who— under a contract of service is engaged to perform cleaning work in the contract cleaning industry; or under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry unless— the individual— is paid to achieve a stated result or outcome; and has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and is, or would be, liable for the cost of fixing a fault with the work performed; or a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60\n(sec.9-ssec.2) Also, worker includes an individual who is engaged to perform both cleaning work and supervision of other workers in the contract cleaning industry, whether or not the individual is known as a supervisor, leading hand or another title.\n(sec.9-ssec.2A) To remove any doubt, it is declared that if more than half of the work a worker mentioned in this section performs, or is engaged to perform, is cleaning work, the worker is taken to perform, or is taken to have been engaged to perform, cleaning work in the contract cleaning industry.\n(sec.9-ssec.3) However, worker does not include an individual who performs work in the contract cleaning industry— in a managerial or clerical capacity; or under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or under a contract of service with the Commonwealth, the State or a local government; or under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.\n- (a) under a contract of service is engaged to perform cleaning work in the contract cleaning industry; or\n- (b) under a contract, whether or not the contract is a contract of service, or at piecework rates, is engaged to perform cleaning work in the contract cleaning industry, for labour only or substantially for labour only; or\n- (c) under a contract, whether or not the contract is a contract of service, performs cleaning work in the contract cleaning industry unless— (i) the individual— (A) is paid to achieve a stated result or outcome; and (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and (C) is, or would be, liable for the cost of fixing a fault with the work performed; or (ii) a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60\n- (i) the individual— (A) is paid to achieve a stated result or outcome; and (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and (C) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (A) is paid to achieve a stated result or outcome; and\n- (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and\n- (C) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (ii) a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60\n- (i) the individual— (A) is paid to achieve a stated result or outcome; and (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and (C) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (A) is paid to achieve a stated result or outcome; and\n- (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and\n- (C) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (ii) a personal services business determination is in effect for the individual performing the work under the Income Tax Assessment Act 1997 (Cwlth) , section 87 -60\n- (A) is paid to achieve a stated result or outcome; and\n- (B) has to supply all, or substantially all, of the plant and equipment or tools of trade needed to perform the work; and\n- (C) is, or would be, liable for the cost of fixing a fault with the work performed; or\n- (a) in a managerial or clerical capacity; or\n- (b) under a contract of service with a partnership if the individual is a partner and participates in the management of the partnership or shares in its profits; or\n- (c) under a contract of service with the Commonwealth, the State or a local government; or\n- (d) under a contract, whether or not the contract is a contract of service, with a corporation of which the person is a director; or\n- (e) under a contract, whether or not the contract is a contract of service, with a trust of which the person is a trustee.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of information notice","content":"### sec.10 Meaning of information notice\n\nAn information notice is a notice to a person about a decision of the authority relating to the person stating—\nthe decision; and\nthe reasons for the decision; and\nwhether or not the person may apply for a reconsideration of the decision or appeal against the decision to a stated entity; and\nif the person may make an application or appeal against a decision as mentioned in paragraph (c) , the day by which the application must be made or the appeal must be started.\nA provision under this Act may provide that an information notice for the purposes of the provision must include other stated information.\nIf a person may apply for a reconsideration of a decision, or appeal against a decision to a stated entity, within a number of days after the day an information notice is given to the person, a defect in the notice does not affect the person’s right to make the application or appeal in relation to the matters dealt with in the information notice.\n(sec.10-ssec.1) An information notice is a notice to a person about a decision of the authority relating to the person stating— the decision; and the reasons for the decision; and whether or not the person may apply for a reconsideration of the decision or appeal against the decision to a stated entity; and if the person may make an application or appeal against a decision as mentioned in paragraph (c) , the day by which the application must be made or the appeal must be started.\n(sec.10-ssec.2) A provision under this Act may provide that an information notice for the purposes of the provision must include other stated information.\n(sec.10-ssec.3) If a person may apply for a reconsideration of a decision, or appeal against a decision to a stated entity, within a number of days after the day an information notice is given to the person, a defect in the notice does not affect the person’s right to make the application or appeal in relation to the matters dealt with in the information notice.\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) whether or not the person may apply for a reconsideration of the decision or appeal against the decision to a stated entity; and\n- (d) if the person may make an application or appeal against a decision as mentioned in paragraph (c) , the day by which the application must be made or the appeal must be started.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Grounds that are reasonable in the circumstances","content":"### sec.11 Grounds that are reasonable in the circumstances\n\nIf, under this Act, a person is required to be satisfied or not satisfied of, or have a belief or suspicion about, a particular matter before the person may do or refrain from doing an act, or make a decision, the person must be satisfied or not satisfied or have the belief or suspicion on grounds that are reasonable in the circumstances.\nIf, under this Act, a person who is satisfied or not satisfied of, or has a belief or suspicion about, a particular matter is required to do or refrain from doing an act, or make a decision, the person must be satisfied or not satisfied, or have the belief or suspicion, on grounds that are reasonable in the circumstances.\n(sec.11-ssec.1) If, under this Act, a person is required to be satisfied or not satisfied of, or have a belief or suspicion about, a particular matter before the person may do or refrain from doing an act, or make a decision, the person must be satisfied or not satisfied or have the belief or suspicion on grounds that are reasonable in the circumstances.\n(sec.11-ssec.2) If, under this Act, a person who is satisfied or not satisfied of, or has a belief or suspicion about, a particular matter is required to do or refrain from doing an act, or make a decision, the person must be satisfied or not satisfied, or have the belief or suspicion, on grounds that are reasonable in the circumstances.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Notes in text","content":"### sec.12 Notes in text\n\nA note in the text of this Act is part of the Act .","sortOrder":13},{"sectionNumber":"pt.3","sectionType":"part","heading":"Contract Cleaning Industry (Portable Long Service Leave) Authority","content":"# Contract Cleaning Industry (Portable Long Service Leave) Authority","sortOrder":14},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment of authority","content":"## Establishment of authority","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Authority established","content":"### sec.13 Authority established\n\nThe Contract Cleaning Industry (Portable Long Service Leave) Authority is established.\nThe authority—\nis a body corporate; and\nhas a seal; and\nmay sue and be sued in its corporate name.\nThe authority does not represent the State.\nThe authority may operate under a trading name prescribed under a regulation.\n(sec.13-ssec.1) The Contract Cleaning Industry (Portable Long Service Leave) Authority is established.\n(sec.13-ssec.2) The authority— is a body corporate; and has a seal; and may sue and be sued in its corporate name.\n(sec.13-ssec.3) The authority does not represent the State.\n(sec.13-ssec.4) The authority may operate under a trading name prescribed under a regulation.\n- (a) is a body corporate; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":16},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Functions and powers of authority","content":"## Functions and powers of authority","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Authority’s functions","content":"### sec.14 Authority’s functions\n\nThe authority’s primary function is to provide an equitable and efficient system of portable long service leave for workers in the contract cleaning industry.\nThe other functions of the authority are—\nto provide educational and awareness programs to the contract cleaning industry to encourage worker membership and industry compliance with this Act; and\nto give advice and make recommendations to the Minister on issues affecting the provision of long service leave in the industry and the operation of this Act; and\nto perform other functions conferred on the authority under this or another Act.\n(sec.14-ssec.1) The authority’s primary function is to provide an equitable and efficient system of portable long service leave for workers in the contract cleaning industry.\n(sec.14-ssec.2) The other functions of the authority are— to provide educational and awareness programs to the contract cleaning industry to encourage worker membership and industry compliance with this Act; and to give advice and make recommendations to the Minister on issues affecting the provision of long service leave in the industry and the operation of this Act; and to perform other functions conferred on the authority under this or another Act.\n- (a) to provide educational and awareness programs to the contract cleaning industry to encourage worker membership and industry compliance with this Act; and\n- (b) to give advice and make recommendations to the Minister on issues affecting the provision of long service leave in the industry and the operation of this Act; and\n- (c) to perform other functions conferred on the authority under this or another Act.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Authority’s powers","content":"### sec.15 Authority’s powers\n\nThe authority has the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\ncharge for, and place conditions on, the supply of goods, services or information it supplies; and\nengage consultants; and\ndo anything else necessary or convenient to be done in performing its functions.\nWithout limiting subsection (1) , the authority has the powers given to it under this or another Act.\nThe authority may borrow from the Building and Construction Authority sufficient funds to provide for its administration expenses and other anticipated outgoings as contemplated by section 40 (2) for the financial year starting 1 July 2005.\nSubsection (3) does not limit the authority’s power to borrow funds under the Statutory Bodies Financial Arrangements Act 1982 .\nThe authority may exercise its powers inside and outside Queensland.\nWithout limiting subsection (5) , the authority may exercise its powers outside Australia.\n(sec.15-ssec.1) The authority has the powers of an individual and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and charge for, and place conditions on, the supply of goods, services or information it supplies; and engage consultants; and do anything else necessary or convenient to be done in performing its functions.\n(sec.15-ssec.2) Without limiting subsection (1) , the authority has the powers given to it under this or another Act.\n(sec.15-ssec.3) The authority may borrow from the Building and Construction Authority sufficient funds to provide for its administration expenses and other anticipated outgoings as contemplated by section 40 (2) for the financial year starting 1 July 2005.\n(sec.15-ssec.4) Subsection (3) does not limit the authority’s power to borrow funds under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.15-ssec.5) The authority may exercise its powers inside and outside Queensland.\n(sec.15-ssec.6) Without limiting subsection (5) , the authority may exercise its powers outside Australia.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) charge for, and place conditions on, the supply of goods, services or information it supplies; and\n- (e) engage consultants; and\n- (f) do anything else necessary or convenient to be done in performing its functions.","sortOrder":19},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Establishment of board for authority","content":"## Establishment of board for authority","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Board established","content":"### sec.16 Board established\n\nThe authority has a board of directors.\nThe board’s role includes—\nresponsibility for the authority’s commercial policy and management; and\nensuring, as far as possible, the authority achieves and acts in accordance with its corporate goals and carries out its corporate objectives outlined in its corporate plan; and\nensuring the authority otherwise performs its functions in an appropriate, effective and efficient way.\n(sec.16-ssec.1) The authority has a board of directors.\n(sec.16-ssec.2) The board’s role includes— responsibility for the authority’s commercial policy and management; and ensuring, as far as possible, the authority achieves and acts in accordance with its corporate goals and carries out its corporate objectives outlined in its corporate plan; and ensuring the authority otherwise performs its functions in an appropriate, effective and efficient way.\n- (a) responsibility for the authority’s commercial policy and management; and\n- (b) ensuring, as far as possible, the authority achieves and acts in accordance with its corporate goals and carries out its corporate objectives outlined in its corporate plan; and\n- (c) ensuring the authority otherwise performs its functions in an appropriate, effective and efficient way.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Composition of board","content":"### sec.17 Composition of board\n\nThe board has not more than 8 directors, consisting of—\na person appointed as the chairperson; and\na person appointed as the deputy chairperson; and\n2 or 3 persons appointed as representatives of employers; and\n2 or 3 persons appointed as representatives of workers.\nThe deputy chairperson must be a person with knowledge of, and experience in, commerce, economics, finance or management.\nThe number of directors appointed under subsection (1) (c) and under subsection (1) (d) must be equal.\n(sec.17-ssec.1) The board has not more than 8 directors, consisting of— a person appointed as the chairperson; and a person appointed as the deputy chairperson; and 2 or 3 persons appointed as representatives of employers; and 2 or 3 persons appointed as representatives of workers.\n(sec.17-ssec.2) The deputy chairperson must be a person with knowledge of, and experience in, commerce, economics, finance or management.\n(sec.17-ssec.3) The number of directors appointed under subsection (1) (c) and under subsection (1) (d) must be equal.\n- (a) a person appointed as the chairperson; and\n- (b) a person appointed as the deputy chairperson; and\n- (c) 2 or 3 persons appointed as representatives of employers; and\n- (d) 2 or 3 persons appointed as representatives of workers.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Appointment of directors","content":"### sec.18 Appointment of directors\n\nThe Governor in Council may appoint, by gazette notice, a person as a director of the board for a term of not more than 3 years.\ns 18 amd 2009 No. 38 s 20","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disqualification from board","content":"### sec.19 Disqualification from board\n\nA person can not become, or continue as, a director if the person—\nis an insolvent under administration; or\nis, or has been, convicted of an indictable offence (including an indictable offence dealt with summarily) or an offence against this Act, and the conviction is not a spent conviction.\ns 19 amd 2023 No. 23 s 247 sch 1 ss 2 (5) , 11\n- (a) is an insolvent under administration; or\n- (b) is, or has been, convicted of an indictable offence (including an indictable offence dealt with summarily) or an offence against this Act, and the conviction is not a spent conviction.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Vacation of office","content":"### sec.20 Vacation of office\n\nThe office of a director becomes vacant if the director—\ndies; or\ngives to the Minister a signed notice of resignation; or\nis absent, without leave of the board and without a reasonable excuse, from 3 consecutive meetings of the board of which proper notice was given; or\ncan not continue as a member under section 19 ; or\nis removed from office by the Governor in Council.\n- (a) dies; or\n- (b) gives to the Minister a signed notice of resignation; or\n- (c) is absent, without leave of the board and without a reasonable excuse, from 3 consecutive meetings of the board of which proper notice was given; or\n- (d) can not continue as a member under section 19 ; or\n- (e) is removed from office by the Governor in Council.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Casual vacancy","content":"### sec.21 Casual vacancy\n\nIf an office of a director becomes vacant during the director’s term of appointment, the Governor in Council may appoint someone else to the office for the remaining part of the term.\nThe person appointed in place of the director must—\nif the director was a director mentioned in section 17 (1) (b) —have the knowledge and experience as required under section 17 (2) ; or\nif the director was a director mentioned in section 17 (1) (c) or (d) —be a representative as required under section 17 (1) (c) or (d) .\nA person appointed in place of a director who was the chairperson or deputy chairperson will also be the chairperson or deputy chairperson respectively.\n(sec.21-ssec.1) If an office of a director becomes vacant during the director’s term of appointment, the Governor in Council may appoint someone else to the office for the remaining part of the term.\n(sec.21-ssec.2) The person appointed in place of the director must— if the director was a director mentioned in section 17 (1) (b) —have the knowledge and experience as required under section 17 (2) ; or if the director was a director mentioned in section 17 (1) (c) or (d) —be a representative as required under section 17 (1) (c) or (d) .\n(sec.21-ssec.3) A person appointed in place of a director who was the chairperson or deputy chairperson will also be the chairperson or deputy chairperson respectively.\n- (a) if the director was a director mentioned in section 17 (1) (b) —have the knowledge and experience as required under section 17 (2) ; or\n- (b) if the director was a director mentioned in section 17 (1) (c) or (d) —be a representative as required under section 17 (1) (c) or (d) .","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Remuneration and other entitlements of directors","content":"### sec.22 Remuneration and other entitlements of directors\n\nA director is entitled to be paid the fees, remuneration and allowances decided by the Governor in Council.","sortOrder":27},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Business of the board","content":"## Business of the board","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conduct of business","content":"### sec.23 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in a way it considers appropriate.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Frequency of meetings","content":"### sec.24 Frequency of meetings\n\nThe chairperson must call meetings of the board as often as is necessary for the performance of the authority’s functions and the exercise of its powers under this Act.\nHowever, the period between each meeting must not be more than 3 months.\nThe chairperson must also call a meeting if both of the following ask for a meeting to be called—\na director appointed under section 17 (1) (c) ;\na director appointed under section 17 (1) (d) .\n(sec.24-ssec.1) The chairperson must call meetings of the board as often as is necessary for the performance of the authority’s functions and the exercise of its powers under this Act.\n(sec.24-ssec.2) However, the period between each meeting must not be more than 3 months.\n(sec.24-ssec.3) The chairperson must also call a meeting if both of the following ask for a meeting to be called— a director appointed under section 17 (1) (c) ; a director appointed under section 17 (1) (d) .\n- (a) a director appointed under section 17 (1) (c) ;\n- (b) a director appointed under section 17 (1) (d) .","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Presiding at meetings","content":"### sec.25 Presiding at meetings\n\nThe chairperson is to preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is not present at a meeting of the board, the deputy chairperson is to preside.\nWhen the deputy chairperson presides at a meeting, the deputy chairperson has all the functions and powers of the chairperson.\n(sec.25-ssec.1) The chairperson is to preside at all meetings of the board at which the chairperson is present.\n(sec.25-ssec.2) If the chairperson is not present at a meeting of the board, the deputy chairperson is to preside.\n(sec.25-ssec.3) When the deputy chairperson presides at a meeting, the deputy chairperson has all the functions and powers of the chairperson.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Quorum","content":"### sec.26 Quorum\n\nBusiness must not be conducted at a meeting of the board unless a quorum is present.\nA quorum consists of at least 3 directors, including—\nthe chairperson or deputy chairperson; and\na director appointed under section 17 (1) (c) ; and\na director appointed under section 17 (1) (d) .\n(sec.26-ssec.1) Business must not be conducted at a meeting of the board unless a quorum is present.\n(sec.26-ssec.2) A quorum consists of at least 3 directors, including— the chairperson or deputy chairperson; and a director appointed under section 17 (1) (c) ; and a director appointed under section 17 (1) (d) .\n- (a) the chairperson or deputy chairperson; and\n- (b) a director appointed under section 17 (1) (c) ; and\n- (c) a director appointed under section 17 (1) (d) .","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conduct of meetings","content":"### sec.27 Conduct of meetings\n\nA question at a meeting of the board is decided by majority vote of the directors present.\nEach director present at the meeting has a vote on each question to be decided.\nA director present at the meeting who abstains from voting is taken to have voted for the negative unless the director abstains because of a conflict of interest declared by the director.\nIf the votes are equal, the director presiding at the meeting has a casting vote.\nThe board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen.\nteleconferencing\nA director who takes part in a meeting under subsection (5) is taken to be present at the meeting.\nWhen considering the question, regard must be given to any material from, or comments by, the general manager about the question.\n(sec.27-ssec.1) A question at a meeting of the board is decided by majority vote of the directors present.\n(sec.27-ssec.2) Each director present at the meeting has a vote on each question to be decided.\n(sec.27-ssec.3) A director present at the meeting who abstains from voting is taken to have voted for the negative unless the director abstains because of a conflict of interest declared by the director.\n(sec.27-ssec.4) If the votes are equal, the director presiding at the meeting has a casting vote.\n(sec.27-ssec.5) The board may hold meetings, or allow directors to take part in its meetings, by using any technology that reasonably allows directors to hear and take part in discussions as they happen. teleconferencing\n(sec.27-ssec.6) A director who takes part in a meeting under subsection (5) is taken to be present at the meeting.\n(sec.27-ssec.7) When considering the question, regard must be given to any material from, or comments by, the general manager about the question.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Decisions made by written reference","content":"### sec.28 Decisions made by written reference\n\nA question by written reference may be decided by majority vote of the directors voting on the question in response to the reference.\nAt least 1 of the directors voting on the question must be either the chairperson or deputy chairperson.\nIf the votes are equal and the chairperson is voting, the chairperson has the casting vote.\nIf the votes are equal and the chairperson is not voting, the deputy chairperson has the casting vote.\nWhen considering the question, regard must be given to any material from, or comments by, the general manager about the question.\nIn this section—\nwritten reference means a procedure in which the general manager gives to each director a question for the director’s decision other than at a meeting of the board.\n(sec.28-ssec.1) A question by written reference may be decided by majority vote of the directors voting on the question in response to the reference.\n(sec.28-ssec.2) At least 1 of the directors voting on the question must be either the chairperson or deputy chairperson.\n(sec.28-ssec.3) If the votes are equal and the chairperson is voting, the chairperson has the casting vote.\n(sec.28-ssec.4) If the votes are equal and the chairperson is not voting, the deputy chairperson has the casting vote.\n(sec.28-ssec.5) When considering the question, regard must be given to any material from, or comments by, the general manager about the question.\n(sec.28-ssec.6) In this section— written reference means a procedure in which the general manager gives to each director a question for the director’s decision other than at a meeting of the board.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Minutes","content":"### sec.29 Minutes\n\nThe board must keep a record of a decision of the board, whether the decision is made at a meeting or by written reference.\nThe record must be presented at the board’s next meeting for confirmation.\nIf the record is confirmed, it must be signed by the director presiding at the meeting and forms part of the minutes of the meeting.\n(sec.29-ssec.1) The board must keep a record of a decision of the board, whether the decision is made at a meeting or by written reference.\n(sec.29-ssec.2) The record must be presented at the board’s next meeting for confirmation.\n(sec.29-ssec.3) If the record is confirmed, it must be signed by the director presiding at the meeting and forms part of the minutes of the meeting.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Disclosure of interests by directors of the board","content":"### sec.30 Disclosure of interests by directors of the board\n\nThis section applies to a director (the interested director ) if—\nthe interested director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the director’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the interested director’s knowledge, the director must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the interested director must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe interested director must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another director who must, under subsection (2) , also disclose an interest in the issue, the other director must not—\nbe present when the board is considering whether to give a direction under subsection (3) about the interested director; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the director were present;\nthe remaining directors present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the minutes of the meeting.\n(sec.30-ssec.1) This section applies to a director (the interested director ) if— the interested director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the director’s duties about the consideration of the issue.\n(sec.30-ssec.2) As soon as practicable after the relevant facts come to the interested director’s knowledge, the director must disclose the nature of the interest to a board meeting.\n(sec.30-ssec.3) Unless the board otherwise directs, the interested director must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.30-ssec.4) The interested director must not be present when the board is considering whether to give a direction under subsection (3) .\n(sec.30-ssec.5) If there is another director who must, under subsection (2) , also disclose an interest in the issue, the other director must not— be present when the board is considering whether to give a direction under subsection (3) about the interested director; or take part in making the decision about giving the direction.\n(sec.30-ssec.6) If— because of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the director were present; the remaining directors present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.30-ssec.7) A disclosure under subsection (2) must be recorded in the minutes of the meeting.\n- (a) the interested director has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the director’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) about the interested director; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a director is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the director were present;","sortOrder":36},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Administration","content":"## Administration","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Administration subject to Minister","content":"### sec.31 Administration subject to Minister\n\nSubject to the Minister, the authority administers this Act.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"General manager","content":"### sec.32 General manager\n\nThe general manager of the authority is the person appointed as the general manager of the Building and Construction Authority.","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Management of authority by general manager","content":"### sec.33 Management of authority by general manager\n\nSubject to the board, the general manager is to manage the business of the authority.\nA thing done in the name of or for the authority by the general manager is taken to have been done by the authority.\n(sec.33-ssec.1) Subject to the board, the general manager is to manage the business of the authority.\n(sec.33-ssec.2) A thing done in the name of or for the authority by the general manager is taken to have been done by the authority.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Staff of the authority","content":"### sec.34 Staff of the authority\n\nThe staff of the Building and Construction Authority are to provide the Contract Cleaning Industry (Portable Long Service Leave) Authority with the administrative support services that it requires to carry out its functions effectively and efficiently.\nAlso, a member of the staff may, subject to this Act, do all things necessary for the discharge of the functions of the authority.\n(sec.34-ssec.1) The staff of the Building and Construction Authority are to provide the Contract Cleaning Industry (Portable Long Service Leave) Authority with the administrative support services that it requires to carry out its functions effectively and efficiently.\n(sec.34-ssec.2) Also, a member of the staff may, subject to this Act, do all things necessary for the discharge of the functions of the authority.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Authority’s seal","content":"### sec.35 Authority’s seal\n\nThe general manager must keep the authority’s seal in the general manager’s custody.\nThe seal may be attached to a document by the general manager only—\nby resolution of the board; and\nin the presence of the chairperson or, if the chairperson is absent, the deputy chairperson.\nJudicial notice must be taken of the imprint of the authority’s seal attached to a document.\nA document with the authority’s seal attached to it may be presumed to be properly made.\n(sec.35-ssec.1) The general manager must keep the authority’s seal in the general manager’s custody.\n(sec.35-ssec.2) The seal may be attached to a document by the general manager only— by resolution of the board; and in the presence of the chairperson or, if the chairperson is absent, the deputy chairperson.\n(sec.35-ssec.3) Judicial notice must be taken of the imprint of the authority’s seal attached to a document.\n(sec.35-ssec.4) A document with the authority’s seal attached to it may be presumed to be properly made.\n- (a) by resolution of the board; and\n- (b) in the presence of the chairperson or, if the chairperson is absent, the deputy chairperson.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Judicial notice of signatures","content":"### sec.36 Judicial notice of signatures\n\nJudicial notice must be taken of—\nthe signature of a person who is or has been the chairperson, the deputy chairperson, a director of the board or the general manager; and\nthe fact the person holds or has held the relevant office.\n- (a) the signature of a person who is or has been the chairperson, the deputy chairperson, a director of the board or the general manager; and\n- (b) the fact the person holds or has held the relevant office.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Document presumed to be properly made","content":"### sec.37 Document presumed to be properly made\n\nA document made by the authority, other than a document required by law to be sealed, may be presumed to be properly made if it is signed by the chairperson, deputy chairperson or general manager.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Contracts or agreements","content":"### sec.38 Contracts or agreements\n\nThe authority’s power to make, vary or discharge contracts or agreements must be exercised as follows—\nfor a contract or agreement that, if it were between individuals, must be a written contract or agreement and under seal—by a written contract or agreement in the authority’s name and under the seal of the authority;\nfor a contract or agreement that, if it were between individuals, must be a written contract or agreement and signed by the parties—by a written contract or agreement in the authority’s name and signed by a person acting for the authority.\nThe authority’s power to make, vary or discharge a contract or agreement that, if it were between individuals, may be made orally, may be exercised orally by a person acting for the authority.\n(sec.38-ssec.1) The authority’s power to make, vary or discharge contracts or agreements must be exercised as follows— for a contract or agreement that, if it were between individuals, must be a written contract or agreement and under seal—by a written contract or agreement in the authority’s name and under the seal of the authority; for a contract or agreement that, if it were between individuals, must be a written contract or agreement and signed by the parties—by a written contract or agreement in the authority’s name and signed by a person acting for the authority.\n(sec.38-ssec.2) The authority’s power to make, vary or discharge a contract or agreement that, if it were between individuals, may be made orally, may be exercised orally by a person acting for the authority.\n- (a) for a contract or agreement that, if it were between individuals, must be a written contract or agreement and under seal—by a written contract or agreement in the authority’s name and under the seal of the authority;\n- (b) for a contract or agreement that, if it were between individuals, must be a written contract or agreement and signed by the parties—by a written contract or agreement in the authority’s name and signed by a person acting for the authority.","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Agreement about administration of this Act","content":"### sec.39 Agreement about administration of this Act\n\nThe authority may enter into a written agreement with the Building and Construction Authority in relation to the administration of this Act, including expenses attributable to the administration ( administration expenses ).\nstaff costs\nrent\ncost of electricity use\nWithout limiting subsection (1) , the agreement may provide that the Building and Construction Authority—\nmust pay the administration expenses; and\nmay recoup the administration expenses from the authority, with interest, at a rate stated in the agreement.\n(sec.39-ssec.1) The authority may enter into a written agreement with the Building and Construction Authority in relation to the administration of this Act, including expenses attributable to the administration ( administration expenses ). staff costs rent cost of electricity use\n(sec.39-ssec.2) Without limiting subsection (1) , the agreement may provide that the Building and Construction Authority— must pay the administration expenses; and may recoup the administration expenses from the authority, with interest, at a rate stated in the agreement.\n- • staff costs\n- • rent\n- • cost of electricity use\n- (a) must pay the administration expenses; and\n- (b) may recoup the administration expenses from the authority, with interest, at a rate stated in the agreement.","sortOrder":46},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Financial provisions","content":"## Financial provisions","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Funds of authority","content":"### sec.40 Funds of authority\n\nThe funds of the authority consist of—\nlevy amounts paid to the authority; and\namounts borrowed by the authority; and\nproceeds from investments by the authority; and\nother amounts received by the authority.\nThe funds may only be applied in making—\nlong service leave payments; and\npayments for expenses incurred in the administration of this Act including, for example, payments to the Building and Construction Authority under an agreement mentioned in section 39 ; and\npayments for borrowings by the authority; and\ninvestments by the authority; and\nany other payments authorised by this Act or the Community Services Industry (Portable Long Service Leave) Act 2020 .\ns 40 amd 2020 No. 19 s 132\n(sec.40-ssec.1) The funds of the authority consist of— levy amounts paid to the authority; and amounts borrowed by the authority; and proceeds from investments by the authority; and other amounts received by the authority.\n(sec.40-ssec.2) The funds may only be applied in making— long service leave payments; and payments for expenses incurred in the administration of this Act including, for example, payments to the Building and Construction Authority under an agreement mentioned in section 39 ; and payments for borrowings by the authority; and investments by the authority; and any other payments authorised by this Act or the Community Services Industry (Portable Long Service Leave) Act 2020 .\n- (a) levy amounts paid to the authority; and\n- (b) amounts borrowed by the authority; and\n- (c) proceeds from investments by the authority; and\n- (d) other amounts received by the authority.\n- (a) long service leave payments; and\n- (b) payments for expenses incurred in the administration of this Act including, for example, payments to the Building and Construction Authority under an agreement mentioned in section 39 ; and\n- (c) payments for borrowings by the authority; and\n- (d) investments by the authority; and\n- (e) any other payments authorised by this Act or the Community Services Industry (Portable Long Service Leave) Act 2020 .","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Proposed budget and progress budget reports","content":"### sec.41 Proposed budget and progress budget reports\n\nThe authority must give the Minister the details of its proposed budget for each financial year at least 30 days before the start of the financial year.\nThe proposed budget has no effect unless it is approved by the Minister.\nThe authority must give the Minister progress reports on the operation of the budget.\nProgress reports are to be given when, and in the way, the Minister requires.\n(sec.41-ssec.1) The authority must give the Minister the details of its proposed budget for each financial year at least 30 days before the start of the financial year.\n(sec.41-ssec.2) The proposed budget has no effect unless it is approved by the Minister.\n(sec.41-ssec.3) The authority must give the Minister progress reports on the operation of the budget.\n(sec.41-ssec.4) Progress reports are to be given when, and in the way, the Minister requires.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Actuarial investigation of funds","content":"### sec.42 Actuarial investigation of funds\n\nAt least every 2 years, but otherwise as required by the board, the authority must investigate the adequacy of the authority’s funds and the adequacy of the percentage prescribed under a regulation as the rate of levy.\nFor subsection (1) , the board must appoint a person (an actuary ) who is recognised as an actuary and holds qualifications that the board considers suitable to carry out the investigation.\nThe actuary must—\nfinish the investigation, and report the outcome of the investigation to the authority after the investigation is conducted; and\nstate in the report an opinion about whether the rate of levy should be reduced, increased or stay the same.\nAfter the authority receives the report, the authority must give the report to the Minister with its recommendations on—\nthe opinion stated by the actuary under subsection (3) (b) ; and\nwhether the funds available are adequate to perform the authority’s functions.\nThis section does not limit the authority’s ability to make other inquiries about whether the authority’s funds and the rate of levy are adequate.\n(sec.42-ssec.1) At least every 2 years, but otherwise as required by the board, the authority must investigate the adequacy of the authority’s funds and the adequacy of the percentage prescribed under a regulation as the rate of levy.\n(sec.42-ssec.2) For subsection (1) , the board must appoint a person (an actuary ) who is recognised as an actuary and holds qualifications that the board considers suitable to carry out the investigation.\n(sec.42-ssec.3) The actuary must— finish the investigation, and report the outcome of the investigation to the authority after the investigation is conducted; and state in the report an opinion about whether the rate of levy should be reduced, increased or stay the same.\n(sec.42-ssec.4) After the authority receives the report, the authority must give the report to the Minister with its recommendations on— the opinion stated by the actuary under subsection (3) (b) ; and whether the funds available are adequate to perform the authority’s functions.\n(sec.42-ssec.5) This section does not limit the authority’s ability to make other inquiries about whether the authority’s funds and the rate of levy are adequate.\n- (a) finish the investigation, and report the outcome of the investigation to the authority after the investigation is conducted; and\n- (b) state in the report an opinion about whether the rate of levy should be reduced, increased or stay the same.\n- (a) the opinion stated by the actuary under subsection (3) (b) ; and\n- (b) whether the funds available are adequate to perform the authority’s functions.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application of Finance Acts","content":"### sec.43 Application of Finance Acts\n\nThe authority is a statutory body within the meaning of the Financial Accountability Act 2009 .\nThe authority is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 43 amd 2009 No. 9 s 136 sch 1\n(sec.43-ssec.1) The authority is a statutory body within the meaning of the Financial Accountability Act 2009 .\n(sec.43-ssec.2) The authority is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.43-ssec.3) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":51},{"sectionNumber":"pt.4","sectionType":"part","heading":"Registration","content":"# Registration","sortOrder":52},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Registration of workers","content":"## Registration of workers","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Authority to keep register of workers","content":"### sec.44 Authority to keep register of workers\n\nThe authority must keep a register of persons who are registered under section 47 or 48 (a register of workers ).","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Particulars to be entered in register of workers","content":"### sec.45 Particulars to be entered in register of workers\n\nTo the extent the authority has, or is reasonably able to obtain, any of the following information about each person who is a registered worker, the authority must enter it in the register of workers in relation to the person—\nthe person’s name, birthday and residential address;\nthe day the person became a registered worker;\nthe amount of the person’s entitlement to long service leave;\nif the person no longer performs cleaning work in the contract cleaning industry—the day the person stopped performing cleaning work in the contract cleaning industry.\nAlso, the authority may enter in the register any other information it considers necessary for the administration of this Act.\n(sec.45-ssec.1) To the extent the authority has, or is reasonably able to obtain, any of the following information about each person who is a registered worker, the authority must enter it in the register of workers in relation to the person— the person’s name, birthday and residential address; the day the person became a registered worker; the amount of the person’s entitlement to long service leave; if the person no longer performs cleaning work in the contract cleaning industry—the day the person stopped performing cleaning work in the contract cleaning industry.\n(sec.45-ssec.2) Also, the authority may enter in the register any other information it considers necessary for the administration of this Act.\n- (a) the person’s name, birthday and residential address;\n- (b) the day the person became a registered worker;\n- (c) the amount of the person’s entitlement to long service leave;\n- (d) if the person no longer performs cleaning work in the contract cleaning industry—the day the person stopped performing cleaning work in the contract cleaning industry.","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application for registration as a registered worker","content":"### sec.46 Application for registration as a registered worker\n\nA person may apply for registration as a worker in the contract cleaning industry.\nThe application must be in the approved form.\nThe authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice—\ngive further information or documents relevant to the application;\nverify information or documents forming part of the application including, if asked, by statutory declaration.\nThe authority may refuse to grant the application if the applicant, without reasonable excuse, does not give or verify the information or documents within the stated time.\n(sec.46-ssec.1) A person may apply for registration as a worker in the contract cleaning industry.\n(sec.46-ssec.2) The application must be in the approved form.\n(sec.46-ssec.3) The authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice— give further information or documents relevant to the application; verify information or documents forming part of the application including, if asked, by statutory declaration.\n(sec.46-ssec.4) The authority may refuse to grant the application if the applicant, without reasonable excuse, does not give or verify the information or documents within the stated time.\n- (a) give further information or documents relevant to the application;\n- (b) verify information or documents forming part of the application including, if asked, by statutory declaration.","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Grant or refusal to grant application for registration as a registered worker","content":"### sec.47 Grant or refusal to grant application for registration as a registered worker\n\nIf a person applies to the authority for registration as a worker in the contract cleaning industry under section 46 , the authority must—\nconsider the application; and\neither—\ngrant the application and enter the person’s name in the register of workers; or\nrefuse to grant the application and give the person an information notice about the refusal.\n- (a) consider the application; and\n- (b) either— (i) grant the application and enter the person’s name in the register of workers; or (ii) refuse to grant the application and give the person an information notice about the refusal.\n- (i) grant the application and enter the person’s name in the register of workers; or\n- (ii) refuse to grant the application and give the person an information notice about the refusal.\n- (i) grant the application and enter the person’s name in the register of workers; or\n- (ii) refuse to grant the application and give the person an information notice about the refusal.","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Worker may become a registered worker other than by application","content":"### sec.48 Worker may become a registered worker other than by application\n\nThe authority may decide a person is, or was, a worker if—\nthe authority has received information indicating the person is, or was, a worker; and\nthe authority is satisfied that person is, or was, a worker.\nThe authority may decide that a person is, or was, a worker even though an application under section 46 has not been made.\nIf the authority decides a person is, or was, a worker, the authority may enter the person’s name in the register of workers.\nThe authority must give the person an information notice about the authority’s decision to enter the person’s name in the register of workers.\n(sec.48-ssec.1) The authority may decide a person is, or was, a worker if— the authority has received information indicating the person is, or was, a worker; and the authority is satisfied that person is, or was, a worker.\n(sec.48-ssec.2) The authority may decide that a person is, or was, a worker even though an application under section 46 has not been made.\n(sec.48-ssec.3) If the authority decides a person is, or was, a worker, the authority may enter the person’s name in the register of workers.\n(sec.48-ssec.4) The authority must give the person an information notice about the authority’s decision to enter the person’s name in the register of workers.\n- (a) the authority has received information indicating the person is, or was, a worker; and\n- (b) the authority is satisfied that person is, or was, a worker.","sortOrder":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"When does a person become a registered worker","content":"### sec.49 When does a person become a registered worker\n\nFor section 45 (1) (b) , the day on which a person becomes a registered worker (the registration day ) is—\nif the person applies under section 46 and the application is granted—the day the authority receives the application; or\nif the authority receives other information indicating the person is a worker as mentioned in section 48 —the day the authority receives the information.\nHowever, if the authority is satisfied the person was a worker for a period before the person’s registration day, the authority must nominate an earlier day as the day the person became a registered worker.\nFor subsection (2) , the authority must not nominate a day earlier than—\nthe start of the financial year that is the second last full financial year before the person’s registration day, unless the authority is satisfied special circumstances exist; and\nin any event—1 July 2005.\nA person applies to become a registered worker on 1 February 2009. The authority may nominate a date no earlier than 1 July 2006.\nThe authority receives a return from an employer for a worker on 1 July 2009. The authority may nominate a date no earlier than 1 July 2007.\n(sec.49-ssec.1) For section 45 (1) (b) , the day on which a person becomes a registered worker (the registration day ) is— if the person applies under section 46 and the application is granted—the day the authority receives the application; or if the authority receives other information indicating the person is a worker as mentioned in section 48 —the day the authority receives the information.\n(sec.49-ssec.2) However, if the authority is satisfied the person was a worker for a period before the person’s registration day, the authority must nominate an earlier day as the day the person became a registered worker.\n(sec.49-ssec.3) For subsection (2) , the authority must not nominate a day earlier than— the start of the financial year that is the second last full financial year before the person’s registration day, unless the authority is satisfied special circumstances exist; and in any event—1 July 2005. A person applies to become a registered worker on 1 February 2009. The authority may nominate a date no earlier than 1 July 2006. The authority receives a return from an employer for a worker on 1 July 2009. The authority may nominate a date no earlier than 1 July 2007.\n- (a) if the person applies under section 46 and the application is granted—the day the authority receives the application; or\n- (b) if the authority receives other information indicating the person is a worker as mentioned in section 48 —the day the authority receives the information.\n- (a) the start of the financial year that is the second last full financial year before the person’s registration day, unless the authority is satisfied special circumstances exist; and\n- (b) in any event—1 July 2005.\n- 1 A person applies to become a registered worker on 1 February 2009. The authority may nominate a date no earlier than 1 July 2006.\n- 2 The authority receives a return from an employer for a worker on 1 July 2009. The authority may nominate a date no earlier than 1 July 2007.","sortOrder":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Cancellation of registration as a registered worker","content":"### sec.50 Cancellation of registration as a registered worker\n\nThe authority may cancel a person’s registration under this division if it is satisfied about any of the following—\nthe person has not been a worker;\nthe person has not, for at least 4 consecutive years, been credited with service in the register of workers or a record kept under a corresponding law;\nthe person’s application to become a registered worker should have been refused because information provided in the application was false or misleading.\nIf the authority cancels a person’s registration, it must—\ngive the person an information notice about the cancellation; and\nremove the person’s name from the register of workers—\nif an application for reconsideration of the decision or an appeal under part 8 is lodged against the cancellation before the end of 120 days after the day the authority gives the person the information notice—on the day the application or appeal is withdrawn or the cancellation is finally confirmed; or\notherwise—after 120 days from the day the authority gives the person the information notice.\nHowever, if a payment for long service leave is made to a person under section 72 (2) (a) , the authority must immediately—\ncancel the person’s registration as a registered worker; and\ngive the person an information notice about the cancellation; and\nremove the person’s name from the register of workers.\nWhen the person’s name is removed from the register of workers—\nthe person is no longer a registered worker; and\nthe person, or the personal representative of the person, is not entitled to apply for or be paid long service leave for any days’ service credited to the person in the register of workers at the time of the removal.\nThis section does not prevent a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker.\n(sec.50-ssec.1) The authority may cancel a person’s registration under this division if it is satisfied about any of the following— the person has not been a worker; the person has not, for at least 4 consecutive years, been credited with service in the register of workers or a record kept under a corresponding law; the person’s application to become a registered worker should have been refused because information provided in the application was false or misleading.\n(sec.50-ssec.2) If the authority cancels a person’s registration, it must— give the person an information notice about the cancellation; and remove the person’s name from the register of workers— if an application for reconsideration of the decision or an appeal under part 8 is lodged against the cancellation before the end of 120 days after the day the authority gives the person the information notice—on the day the application or appeal is withdrawn or the cancellation is finally confirmed; or otherwise—after 120 days from the day the authority gives the person the information notice.\n(sec.50-ssec.3) However, if a payment for long service leave is made to a person under section 72 (2) (a) , the authority must immediately— cancel the person’s registration as a registered worker; and give the person an information notice about the cancellation; and remove the person’s name from the register of workers.\n(sec.50-ssec.4) When the person’s name is removed from the register of workers— the person is no longer a registered worker; and the person, or the personal representative of the person, is not entitled to apply for or be paid long service leave for any days’ service credited to the person in the register of workers at the time of the removal.\n(sec.50-ssec.5) This section does not prevent a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker.\n- (a) the person has not been a worker;\n- (b) the person has not, for at least 4 consecutive years, been credited with service in the register of workers or a record kept under a corresponding law;\n- (c) the person’s application to become a registered worker should have been refused because information provided in the application was false or misleading.\n- (a) give the person an information notice about the cancellation; and\n- (b) remove the person’s name from the register of workers— (i) if an application for reconsideration of the decision or an appeal under part 8 is lodged against the cancellation before the end of 120 days after the day the authority gives the person the information notice—on the day the application or appeal is withdrawn or the cancellation is finally confirmed; or (ii) otherwise—after 120 days from the day the authority gives the person the information notice.\n- (i) if an application for reconsideration of the decision or an appeal under part 8 is lodged against the cancellation before the end of 120 days after the day the authority gives the person the information notice—on the day the application or appeal is withdrawn or the cancellation is finally confirmed; or\n- (ii) otherwise—after 120 days from the day the authority gives the person the information notice.\n- (i) if an application for reconsideration of the decision or an appeal under part 8 is lodged against the cancellation before the end of 120 days after the day the authority gives the person the information notice—on the day the application or appeal is withdrawn or the cancellation is finally confirmed; or\n- (ii) otherwise—after 120 days from the day the authority gives the person the information notice.\n- (a) cancel the person’s registration as a registered worker; and\n- (b) give the person an information notice about the cancellation; and\n- (c) remove the person’s name from the register of workers.\n- (a) the person is no longer a registered worker; and\n- (b) the person, or the personal representative of the person, is not entitled to apply for or be paid long service leave for any days’ service credited to the person in the register of workers at the time of the removal.","sortOrder":60},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Registration of employers","content":"## Registration of employers","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Authority to keep register of employers","content":"### sec.51 Authority to keep register of employers\n\nThe authority must keep a register of persons who are registered under section 55 (a register of employers ).","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Particulars to be entered into register of employers","content":"### sec.52 Particulars to be entered into register of employers\n\nTo the extent the authority has, or is able to obtain, any of the following information about each person who is a registered employer, the authority must enter it in the register of employers in relation to the person—\nthe person’s name;\nany trading name of the person;\nthe person’s ABN, if any;\nthe address of the person’s principal place of business;\nif the person is a corporation—\nthe address of the corporation’s registered office; and\nthe corporation’s ACN;\nthe day the person became registered as an employer;\nif the person is no longer an employer—the day the person stopped being an employer.\nAlso, the authority may enter in the register any other information it considers necessary for the administration of this Act.\n(sec.52-ssec.1) To the extent the authority has, or is able to obtain, any of the following information about each person who is a registered employer, the authority must enter it in the register of employers in relation to the person— the person’s name; any trading name of the person; the person’s ABN, if any; the address of the person’s principal place of business; if the person is a corporation— the address of the corporation’s registered office; and the corporation’s ACN; the day the person became registered as an employer; if the person is no longer an employer—the day the person stopped being an employer.\n(sec.52-ssec.2) Also, the authority may enter in the register any other information it considers necessary for the administration of this Act.\n- (a) the person’s name;\n- (b) any trading name of the person;\n- (c) the person’s ABN, if any;\n- (d) the address of the person’s principal place of business;\n- (e) if the person is a corporation— (i) the address of the corporation’s registered office; and (ii) the corporation’s ACN;\n- (i) the address of the corporation’s registered office; and\n- (ii) the corporation’s ACN;\n- (f) the day the person became registered as an employer;\n- (g) if the person is no longer an employer—the day the person stopped being an employer.\n- (i) the address of the corporation’s registered office; and\n- (ii) the corporation’s ACN;","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application for registration as a registered employer","content":"### sec.53 Application for registration as a registered employer\n\nA person must apply to become a registered employer within 7 days after becoming an employer.\nMaximum penalty—40 penalty units.\nThe application must be in the approved form.\nThe approved form may require an employer—\nto state the following—\nany name under which the employer is or has been engaged in the contract cleaning industry;\nany business address of the employer;\nany place a record mentioned in section 66 may be inspected during normal business hours; and\nto give other information or produce documents the authority considers are relevant to the administration of this Act.\nThe authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice—\ngive further information or documents relevant to the application;\nverify information or documents forming part of the application including, if asked, by statutory declaration.\nThe applicant must comply with a request made under subsection (4) within the stated time, unless the applicant has a reasonable excuse.\nMaximum penalty for subsection (5) —40 penalty units.\n(sec.53-ssec.1) A person must apply to become a registered employer within 7 days after becoming an employer. Maximum penalty—40 penalty units.\n(sec.53-ssec.2) The application must be in the approved form.\n(sec.53-ssec.3) The approved form may require an employer— to state the following— any name under which the employer is or has been engaged in the contract cleaning industry; any business address of the employer; any place a record mentioned in section 66 may be inspected during normal business hours; and to give other information or produce documents the authority considers are relevant to the administration of this Act.\n(sec.53-ssec.4) The authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice— give further information or documents relevant to the application; verify information or documents forming part of the application including, if asked, by statutory declaration.\n(sec.53-ssec.5) The applicant must comply with a request made under subsection (4) within the stated time, unless the applicant has a reasonable excuse. Maximum penalty for subsection (5) —40 penalty units.\n- (a) to state the following— (i) any name under which the employer is or has been engaged in the contract cleaning industry; (ii) any business address of the employer; (iii) any place a record mentioned in section 66 may be inspected during normal business hours; and\n- (i) any name under which the employer is or has been engaged in the contract cleaning industry;\n- (ii) any business address of the employer;\n- (iii) any place a record mentioned in section 66 may be inspected during normal business hours; and\n- (b) to give other information or produce documents the authority considers are relevant to the administration of this Act.\n- (i) any name under which the employer is or has been engaged in the contract cleaning industry;\n- (ii) any business address of the employer;\n- (iii) any place a record mentioned in section 66 may be inspected during normal business hours; and\n- (a) give further information or documents relevant to the application;\n- (b) verify information or documents forming part of the application including, if asked, by statutory declaration.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Court order about application for registration as a registered employer","content":"### sec.54 Court order about application for registration as a registered employer\n\nIf a court finds a person guilty of an offence against subsection (2) or section 53 (1) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to apply to the authority, within a stated time, under section 53 to become a registered employer.\nA person against whom an order under subsection (1) has been made must comply with the order, unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —40 penalty units.\n(sec.54-ssec.1) If a court finds a person guilty of an offence against subsection (2) or section 53 (1) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to apply to the authority, within a stated time, under section 53 to become a registered employer.\n(sec.54-ssec.2) A person against whom an order under subsection (1) has been made must comply with the order, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":"Grant or refusal to grant application for registration as a registered employer","content":"### sec.55 Grant or refusal to grant application for registration as a registered employer\n\nIf a person applies to the authority to become a registered employer under section 53 , the authority must—\nconsider the application; and\neither—\ngrant the application and enter the person’s name in the register of employers; or\nrefuse to grant the application and give the person an information notice about the refusal.\n- (a) consider the application; and\n- (b) either— (i) grant the application and enter the person’s name in the register of employers; or (ii) refuse to grant the application and give the person an information notice about the refusal.\n- (i) grant the application and enter the person’s name in the register of employers; or\n- (ii) refuse to grant the application and give the person an information notice about the refusal.\n- (i) grant the application and enter the person’s name in the register of employers; or\n- (ii) refuse to grant the application and give the person an information notice about the refusal.","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":"Employer to give notice of a change to information given","content":"### sec.56 Employer to give notice of a change to information given\n\nA person who is a registered employer must give notice to the authority about a change to the information provided under section 52 (1) (a) to (e) about the person within 14 days after the change happens.\nMaximum penalty—40 penalty units.","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Cancellation of registration as a registered employer","content":"### sec.57 Cancellation of registration as a registered employer\n\nIf a registered employer stops engaging workers to perform cleaning work in the contract cleaning industry, the registered employer may, by notice, apply to the authority for cancellation of the registration.\nIf the authority refuses to cancel the registered employer’s registration, the authority must give the registered employer an information notice about the refusal.\n(sec.57-ssec.1) If a registered employer stops engaging workers to perform cleaning work in the contract cleaning industry, the registered employer may, by notice, apply to the authority for cancellation of the registration.\n(sec.57-ssec.2) If the authority refuses to cancel the registered employer’s registration, the authority must give the registered employer an information notice about the refusal.","sortOrder":68},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Power to ensure employers are registered","content":"## Power to ensure employers are registered","sortOrder":69},{"sectionNumber":"sec.58","sectionType":"section","heading":"Authority may require information or documents from employer","content":"### sec.58 Authority may require information or documents from employer\n\nThis section applies if the authority believes a person is or was an employer, but is not a registered employer.\nThe authority may, by notice given to the person, require the person to give the authority the information or documents stated in the notice that are necessary to enable the authority to decide whether the person is or was an employer in the contract cleaning industry.\nThe notice may state a time, that must be reasonable in the circumstances, within which the information or documents must be given to the authority.\nThe person must comply with the notice within the stated time, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nIf a court finds that a person has contravened subsection (4) , in addition to an order the court may make imposing a penalty, the court may make another order the court considers appropriate.\nThe person must comply with the order unless the person has a reasonable excuse.\nMaximum penalty for subsection (7) —40 penalty units.\n(sec.58-ssec.1) This section applies if the authority believes a person is or was an employer, but is not a registered employer.\n(sec.58-ssec.2) The authority may, by notice given to the person, require the person to give the authority the information or documents stated in the notice that are necessary to enable the authority to decide whether the person is or was an employer in the contract cleaning industry.\n(sec.58-ssec.3) The notice may state a time, that must be reasonable in the circumstances, within which the information or documents must be given to the authority.\n(sec.58-ssec.4) The person must comply with the notice within the stated time, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.58-ssec.5) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.58-ssec.6) If a court finds that a person has contravened subsection (4) , in addition to an order the court may make imposing a penalty, the court may make another order the court considers appropriate.\n(sec.58-ssec.7) The person must comply with the order unless the person has a reasonable excuse. Maximum penalty for subsection (7) —40 penalty units.","sortOrder":70},{"sectionNumber":"pt.5","sectionType":"part","heading":"Service credits, returns and notices","content":"# Service credits, returns and notices","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"What is an engagement period for a worker","content":"### sec.59 What is an engagement period for a worker\n\nAn engagement period , for a worker, is a period that—\nstarts on the day a person is engaged by an employer as a worker; and\nends on the day the person stops being engaged by an employer as a worker.\nFor subsection (1) , it is not relevant whether the employer who engages the person as a worker is the employer who stops engaging the person as a worker.\nAlso engagement period , for a worker, is taken to include any day that the person who is or was a worker did not perform cleaning work because—\nthe person had been dismissed by the person’s employer for the period to ensure the person did not take long service leave during the employer’s employment; or\nthe person—\nsustained an injury, within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 , section 32 while performing work for an employer; and\nthe person could not perform work for the employer in the contract cleaning industry because of the injury.\n(sec.59-ssec.1) An engagement period , for a worker, is a period that— starts on the day a person is engaged by an employer as a worker; and ends on the day the person stops being engaged by an employer as a worker.\n(sec.59-ssec.2) For subsection (1) , it is not relevant whether the employer who engages the person as a worker is the employer who stops engaging the person as a worker.\n(sec.59-ssec.3) Also engagement period , for a worker, is taken to include any day that the person who is or was a worker did not perform cleaning work because— the person had been dismissed by the person’s employer for the period to ensure the person did not take long service leave during the employer’s employment; or the person— sustained an injury, within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 , section 32 while performing work for an employer; and the person could not perform work for the employer in the contract cleaning industry because of the injury.\n- (a) starts on the day a person is engaged by an employer as a worker; and\n- (b) ends on the day the person stops being engaged by an employer as a worker.\n- (a) the person had been dismissed by the person’s employer for the period to ensure the person did not take long service leave during the employer’s employment; or\n- (b) the person— (i) sustained an injury, within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 , section 32 while performing work for an employer; and (ii) the person could not perform work for the employer in the contract cleaning industry because of the injury.\n- (i) sustained an injury, within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 , section 32 while performing work for an employer; and\n- (ii) the person could not perform work for the employer in the contract cleaning industry because of the injury.\n- (i) sustained an injury, within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 , section 32 while performing work for an employer; and\n- (ii) the person could not perform work for the employer in the contract cleaning industry because of the injury.","sortOrder":72},{"sectionNumber":"sec.60","sectionType":"section","heading":"Crediting service","content":"### sec.60 Crediting service\n\nIf a worker performs any cleaning work in a return period, the worker must be credited in the register of workers with 1 day’s service for each day in the return period, whether or not the worker performed cleaning work on a particular day.\nIf a return period is 92 days in length and a worker only performs cleaning work on 1 day each week during the 92 day period, the worker must be credited with 92 days service in the register of workers for the return period, even though the worker only performed cleaning work on 13 of the days.\nIf there are 4 return periods during a worker’s engagement period, and the worker only performs cleaning work during 3 of the return periods, the worker will be credited with service for the total number of days in each of the 3 return periods during which the worker performed the cleaning work.\nHowever, a worker must not be credited in a return period for a day that is not part of an engagement period for the worker.\nIf a worker ceases work for an employer on a Monday and is not engaged by another employer to perform cleaning work until the following Thursday, the worker will not be credited in the register of workers with service for the intervening Tuesday and Wednesday.\nA worker mentioned in section 59 (3) (b) must be credited with service as if the worker had performed work in the contract cleaning industry from the day of injury until whichever of the following first happens—\na period of 6 months, after the day of the injury, ends;\nthe worker engages in employment.\n(sec.60-ssec.1) If a worker performs any cleaning work in a return period, the worker must be credited in the register of workers with 1 day’s service for each day in the return period, whether or not the worker performed cleaning work on a particular day. If a return period is 92 days in length and a worker only performs cleaning work on 1 day each week during the 92 day period, the worker must be credited with 92 days service in the register of workers for the return period, even though the worker only performed cleaning work on 13 of the days. If there are 4 return periods during a worker’s engagement period, and the worker only performs cleaning work during 3 of the return periods, the worker will be credited with service for the total number of days in each of the 3 return periods during which the worker performed the cleaning work.\n(sec.60-ssec.2) However, a worker must not be credited in a return period for a day that is not part of an engagement period for the worker. If a worker ceases work for an employer on a Monday and is not engaged by another employer to perform cleaning work until the following Thursday, the worker will not be credited in the register of workers with service for the intervening Tuesday and Wednesday.\n(sec.60-ssec.3) A worker mentioned in section 59 (3) (b) must be credited with service as if the worker had performed work in the contract cleaning industry from the day of injury until whichever of the following first happens— a period of 6 months, after the day of the injury, ends; the worker engages in employment.\n- 1 If a return period is 92 days in length and a worker only performs cleaning work on 1 day each week during the 92 day period, the worker must be credited with 92 days service in the register of workers for the return period, even though the worker only performed cleaning work on 13 of the days.\n- 2 If there are 4 return periods during a worker’s engagement period, and the worker only performs cleaning work during 3 of the return periods, the worker will be credited with service for the total number of days in each of the 3 return periods during which the worker performed the cleaning work.\n- (a) a period of 6 months, after the day of the injury, ends;\n- (b) the worker engages in employment.","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Limitations on crediting service","content":"### sec.61 Limitations on crediting service\n\nSubject to section 69 , a person must not be credited in the register of workers with a day’s service unless the day is on or after the day the person became a registered worker under section 49 .\nA worker must not be credited in the register of workers with more than 365 days in a financial year, even if a particular financial year has 366 days.\nThe days of service a worker must be credited for in the register of workers must be adjusted to ensure that the total number is not more than 365 days if—\nfor a financial year, a registered worker would otherwise be entitled to be credited with a number of days of service in the register of workers and a further number of days of service in a like register or record kept under a corresponding law; and\nthe total of the days of service is more than 365 days.\nThe adjustment under subsection (3) must be made when an application is made under this Act or a corresponding law for payment of long service leave for service that includes either or both of the number of days of service mentioned in subsection (3) (a) , or at any other time the authority may decide.\n(sec.61-ssec.1) Subject to section 69 , a person must not be credited in the register of workers with a day’s service unless the day is on or after the day the person became a registered worker under section 49 .\n(sec.61-ssec.2) A worker must not be credited in the register of workers with more than 365 days in a financial year, even if a particular financial year has 366 days.\n(sec.61-ssec.3) The days of service a worker must be credited for in the register of workers must be adjusted to ensure that the total number is not more than 365 days if— for a financial year, a registered worker would otherwise be entitled to be credited with a number of days of service in the register of workers and a further number of days of service in a like register or record kept under a corresponding law; and the total of the days of service is more than 365 days.\n(sec.61-ssec.4) The adjustment under subsection (3) must be made when an application is made under this Act or a corresponding law for payment of long service leave for service that includes either or both of the number of days of service mentioned in subsection (3) (a) , or at any other time the authority may decide.\n- (a) for a financial year, a registered worker would otherwise be entitled to be credited with a number of days of service in the register of workers and a further number of days of service in a like register or record kept under a corresponding law; and\n- (b) the total of the days of service is more than 365 days.","sortOrder":74},{"sectionNumber":"sec.62","sectionType":"section","heading":"Returns","content":"### sec.62 Returns\n\nWithin 14 days after the end of a return period, a person who is or was an employer during the return period must give to the authority a return in the approved form for the period.\nMaximum penalty—40 penalty units.\nFor each worker engaged by the person during the return period, the return must include—\nthe total amount of ordinary wages paid by the employer to the worker during the period for cleaning work performed by the worker; and\nif the worker’s engagement with the person began during the period—the day the engagement period for the worker began; and\nif the worker’s engagement with the person ended during the period—the day the engagement period for the worker ended; and\nany other information required under a regulation.\nMaximum penalty—40 penalty units.\nIf asked by the authority, the person must verify the information contained in the return in the way asked by the authority including, if asked, by statutory declaration.\nMaximum penalty—40 penalty units.\nAn employer must give notice to the authority about a change to information mentioned in subsection (2) within 14 days after the change happens.\nMaximum penalty—40 penalty units.\nIn this section—\nworker does not include a worker who—\nis not a registered worker; and\nwas not recorded as a worker in the person’s return for the previous return period; and\nperformed work for the person for less than 5 days during the current return period.\ns 62 amd 2009 No. 38 s 21\n(sec.62-ssec.1) Within 14 days after the end of a return period, a person who is or was an employer during the return period must give to the authority a return in the approved form for the period. Maximum penalty—40 penalty units.\n(sec.62-ssec.2) For each worker engaged by the person during the return period, the return must include— the total amount of ordinary wages paid by the employer to the worker during the period for cleaning work performed by the worker; and if the worker’s engagement with the person began during the period—the day the engagement period for the worker began; and if the worker’s engagement with the person ended during the period—the day the engagement period for the worker ended; and any other information required under a regulation. Maximum penalty—40 penalty units.\n(sec.62-ssec.3) If asked by the authority, the person must verify the information contained in the return in the way asked by the authority including, if asked, by statutory declaration. Maximum penalty—40 penalty units.\n(sec.62-ssec.4) An employer must give notice to the authority about a change to information mentioned in subsection (2) within 14 days after the change happens. Maximum penalty—40 penalty units.\n(sec.62-ssec.5) In this section— worker does not include a worker who— is not a registered worker; and was not recorded as a worker in the person’s return for the previous return period; and performed work for the person for less than 5 days during the current return period.\n- (a) the total amount of ordinary wages paid by the employer to the worker during the period for cleaning work performed by the worker; and\n- (b) if the worker’s engagement with the person began during the period—the day the engagement period for the worker began; and\n- (c) if the worker’s engagement with the person ended during the period—the day the engagement period for the worker ended; and\n- (d) any other information required under a regulation.\n- (a) is not a registered worker; and\n- (b) was not recorded as a worker in the person’s return for the previous return period; and\n- (c) performed work for the person for less than 5 days during the current return period.","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Payments of levy","content":"### sec.63 Payments of levy\n\nThis section applies to a person who is or was an employer during a return period (the employer ).\nWithin 14 days after the end of the return period, the employer must pay to the authority the amount of the levy payable for each of the employer’s workers for the return period calculated under section 83 .\nMaximum penalty—60 penalty units.\nIf the employer must pay to the authority additional amounts stated in a notice given to the employer under section 68 (4) (b) (ii) , the employer must pay the stated amounts—\nif an application for reconsideration of the decision or an appeal under part 8 is lodged against the payment of the additional amounts—within 14 days after the application is withdrawn or the liability to pay the additional amounts being finally confirmed; or\notherwise—14 days after receiving the notice.\nMaximum penalty—60 penalty units.\nIf a court finds a person guilty of an offence against this section (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to pay to the authority the amounts payable under this section.\nAn amount stated in an order under subsection (4) may be recovered by the authority as a debt owed by the person named in the order.\nIn this section—\nworker does not include a worker who—\nis not a registered worker; and\nwas not recorded as a worker in the employer’s return for the previous return period; and\nperformed work for the employer for less than 5 days during the current return period.\ns 63 amd 2009 No. 38 s 22\n(sec.63-ssec.1) This section applies to a person who is or was an employer during a return period (the employer ).\n(sec.63-ssec.2) Within 14 days after the end of the return period, the employer must pay to the authority the amount of the levy payable for each of the employer’s workers for the return period calculated under section 83 . Maximum penalty—60 penalty units.\n(sec.63-ssec.3) If the employer must pay to the authority additional amounts stated in a notice given to the employer under section 68 (4) (b) (ii) , the employer must pay the stated amounts— if an application for reconsideration of the decision or an appeal under part 8 is lodged against the payment of the additional amounts—within 14 days after the application is withdrawn or the liability to pay the additional amounts being finally confirmed; or otherwise—14 days after receiving the notice. Maximum penalty—60 penalty units.\n(sec.63-ssec.4) If a court finds a person guilty of an offence against this section (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to pay to the authority the amounts payable under this section.\n(sec.63-ssec.5) An amount stated in an order under subsection (4) may be recovered by the authority as a debt owed by the person named in the order.\n(sec.63-ssec.6) In this section— worker does not include a worker who— is not a registered worker; and was not recorded as a worker in the employer’s return for the previous return period; and performed work for the employer for less than 5 days during the current return period.\n- (a) if an application for reconsideration of the decision or an appeal under part 8 is lodged against the payment of the additional amounts—within 14 days after the application is withdrawn or the liability to pay the additional amounts being finally confirmed; or\n- (b) otherwise—14 days after receiving the notice.\n- (a) is not a registered worker; and\n- (b) was not recorded as a worker in the employer’s return for the previous return period; and\n- (c) performed work for the employer for less than 5 days during the current return period.","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Exemption from lodging return","content":"### sec.64 Exemption from lodging return\n\nAn employer may apply to the authority for an exemption from the requirement to give a return under section 62 in relation to a person who is or was engaged by the employer as a worker.\nThe application must be in the approved form.\nThe authority may grant the exemption if the authority is satisfied—\nthe employer no longer engages the person to perform cleaning work; or\nthe employer complies with, or makes contributions to, a similar scheme in another State about long service leave payments for the person in relation to the person performing cleaning work.\nThe authority may, by notice to the employer, revoke an exemption granted under subsection (3) if the authority is satisfied the exemption should no longer be given.\nIf the authority refuses to grant an application under subsection (1) , or revokes an exemption under subsection (4) , the authority must give the employer an information notice about the refusal or revocation.\n(sec.64-ssec.1) An employer may apply to the authority for an exemption from the requirement to give a return under section 62 in relation to a person who is or was engaged by the employer as a worker.\n(sec.64-ssec.2) The application must be in the approved form.\n(sec.64-ssec.3) The authority may grant the exemption if the authority is satisfied— the employer no longer engages the person to perform cleaning work; or the employer complies with, or makes contributions to, a similar scheme in another State about long service leave payments for the person in relation to the person performing cleaning work.\n(sec.64-ssec.4) The authority may, by notice to the employer, revoke an exemption granted under subsection (3) if the authority is satisfied the exemption should no longer be given.\n(sec.64-ssec.5) If the authority refuses to grant an application under subsection (1) , or revokes an exemption under subsection (4) , the authority must give the employer an information notice about the refusal or revocation.\n- (a) the employer no longer engages the person to perform cleaning work; or\n- (b) the employer complies with, or makes contributions to, a similar scheme in another State about long service leave payments for the person in relation to the person performing cleaning work.","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"Civil penalty for failure to give return or pay levy","content":"### sec.65 Civil penalty for failure to give return or pay levy\n\nIf a person does not give a return to the authority as required under section 62 (1) , the person is liable to pay to the authority a civil penalty.\nThe amount of the civil penalty is an amount equal to the monetary value (at the time of the initial failure) of 1 penalty unit for each month (or part of a month) from the day after the last day the return should have been given until the day the return is given.\nIf a person does not pay the amount payable to the authority as required under section 63 (2) , the person is liable to pay to the authority a civil penalty.\nThe amount of the civil penalty is an amount equal to the monetary value (at the time of the initial failure) of 1 penalty unit for each month (or part of a month) from the day after the last day the amount should have been paid until the day when it is paid.\nHowever, if during the past 4 return periods, the person has also, on at least 1 other occasion, failed to comply with section 62 (1) or 63 (2) , the amount of the civil penalty is double the amount of the civil penalty mentioned in subsection (2) or (4) .\nThe amount payable as a civil penalty under this section—\nmay be recovered by the authority as a debt; and\ncan not be more than an amount equal to the monetary value (at the time of the initial failure) of 40 penalty units.\nOn application by the person or on its own initiative, the authority may remit all or part of an amount payable as a civil penalty if satisfied—\nthe person did not directly or indirectly cause the circumstances of the contravention; or\nit would be fair and reasonable to make the remission given the circumstances.\nIf a court finds a person guilty of an offence against section 62 (1) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to—\npay the authority the amount of the civil penalty payable under subsection (2) or (4A) to the day of the order, and an amount of interest calculated under section 87 in relation to the amount; and\nfile a return for the relevant period.\nIf a court finds a person guilty of an offence against section 63 (2) or (3) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to pay the authority—\nall or part of the amount the subject of the prosecution; and\nin relation to an offence against section 63 (2) —the amount of the civil penalty payable under subsection (4) or (4A) to the day of the order and an amount of interest calculated under section 87 in relation to the amount.\nThe amount stated in an order under subsection (7) (a) or subsection (8) may be recovered by the authority as a debt owed by the person named in the order.\ns 65 amd 2009 No. 38 s 23\n(sec.65-ssec.1) If a person does not give a return to the authority as required under section 62 (1) , the person is liable to pay to the authority a civil penalty.\n(sec.65-ssec.2) The amount of the civil penalty is an amount equal to the monetary value (at the time of the initial failure) of 1 penalty unit for each month (or part of a month) from the day after the last day the return should have been given until the day the return is given.\n(sec.65-ssec.3) If a person does not pay the amount payable to the authority as required under section 63 (2) , the person is liable to pay to the authority a civil penalty.\n(sec.65-ssec.4) The amount of the civil penalty is an amount equal to the monetary value (at the time of the initial failure) of 1 penalty unit for each month (or part of a month) from the day after the last day the amount should have been paid until the day when it is paid.\n(sec.65-ssec.4A) However, if during the past 4 return periods, the person has also, on at least 1 other occasion, failed to comply with section 62 (1) or 63 (2) , the amount of the civil penalty is double the amount of the civil penalty mentioned in subsection (2) or (4) .\n(sec.65-ssec.5) The amount payable as a civil penalty under this section— may be recovered by the authority as a debt; and can not be more than an amount equal to the monetary value (at the time of the initial failure) of 40 penalty units.\n(sec.65-ssec.6) On application by the person or on its own initiative, the authority may remit all or part of an amount payable as a civil penalty if satisfied— the person did not directly or indirectly cause the circumstances of the contravention; or it would be fair and reasonable to make the remission given the circumstances.\n(sec.65-ssec.7) If a court finds a person guilty of an offence against section 62 (1) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to— pay the authority the amount of the civil penalty payable under subsection (2) or (4A) to the day of the order, and an amount of interest calculated under section 87 in relation to the amount; and file a return for the relevant period.\n(sec.65-ssec.8) If a court finds a person guilty of an offence against section 63 (2) or (3) (whether or not a conviction is recorded), in addition to imposing a penalty on the person, the court may order the person to pay the authority— all or part of the amount the subject of the prosecution; and in relation to an offence against section 63 (2) —the amount of the civil penalty payable under subsection (4) or (4A) to the day of the order and an amount of interest calculated under section 87 in relation to the amount.\n(sec.65-ssec.9) The amount stated in an order under subsection (7) (a) or subsection (8) may be recovered by the authority as a debt owed by the person named in the order.\n- (a) may be recovered by the authority as a debt; and\n- (b) can not be more than an amount equal to the monetary value (at the time of the initial failure) of 40 penalty units.\n- (a) the person did not directly or indirectly cause the circumstances of the contravention; or\n- (b) it would be fair and reasonable to make the remission given the circumstances.\n- (a) pay the authority the amount of the civil penalty payable under subsection (2) or (4A) to the day of the order, and an amount of interest calculated under section 87 in relation to the amount; and\n- (b) file a return for the relevant period.\n- (a) all or part of the amount the subject of the prosecution; and\n- (b) in relation to an offence against section 63 (2) —the amount of the civil penalty payable under subsection (4) or (4A) to the day of the order and an amount of interest calculated under section 87 in relation to the amount.","sortOrder":78},{"sectionNumber":"sec.66","sectionType":"section","heading":"Employer to keep record for each worker","content":"### sec.66 Employer to keep record for each worker\n\nFor each worker of an employer, the employer must keep a record of the following particulars—\nthe worker’s name, birthday and residential address;\nif the worker is a registered worker, the registration number of the worker;\nthe days worked by the worker;\nthe ordinary wages earned by the worker for each day worked;\nthe day the worker’s service with the employer started;\ndetails of long service leave granted to, or taken by, the worker;\ndetails of a payment made instead of long service leave to the worker;\nif the worker is no longer engaged to perform cleaning work for the employer—the day the worker stopped being engaged to perform cleaning work for the employer.\nMaximum penalty—40 penalty units.\nThe employer must keep the record for at least 6 years after the last entry is made in it.\nMaximum penalty—40 penalty units.\nAn authorised officer may require an employer to give the authorised officer a record under section 125 .\n(sec.66-ssec.1) For each worker of an employer, the employer must keep a record of the following particulars— the worker’s name, birthday and residential address; if the worker is a registered worker, the registration number of the worker; the days worked by the worker; the ordinary wages earned by the worker for each day worked; the day the worker’s service with the employer started; details of long service leave granted to, or taken by, the worker; details of a payment made instead of long service leave to the worker; if the worker is no longer engaged to perform cleaning work for the employer—the day the worker stopped being engaged to perform cleaning work for the employer. Maximum penalty—40 penalty units.\n(sec.66-ssec.2) The employer must keep the record for at least 6 years after the last entry is made in it. Maximum penalty—40 penalty units. An authorised officer may require an employer to give the authorised officer a record under section 125 .\n- (a) the worker’s name, birthday and residential address;\n- (b) if the worker is a registered worker, the registration number of the worker;\n- (c) the days worked by the worker;\n- (d) the ordinary wages earned by the worker for each day worked;\n- (e) the day the worker’s service with the employer started;\n- (f) details of long service leave granted to, or taken by, the worker;\n- (g) details of a payment made instead of long service leave to the worker;\n- (h) if the worker is no longer engaged to perform cleaning work for the employer—the day the worker stopped being engaged to perform cleaning work for the employer.","sortOrder":79},{"sectionNumber":"sec.67","sectionType":"section","heading":"Notice to registered workers about service credits","content":"### sec.67 Notice to registered workers about service credits\n\nThis section applies to a person if the person was a registered worker on 30 June of a financial year.\nThe authority must give to the person a notice stating—\nthe number of days’ service in the contract cleaning industry, as shown in the register of workers, the registered worker was credited with for the financial year; and\nthe total number of days’ service in the contract cleaning industry the registered worker was credited with from the day the person became a registered worker to the end of the financial year; and\nthe total amount of ordinary wages paid in the financial year for cleaning work performed by the registered worker.\nA notice under subsection (2) to a person may be given by allowing the person to access the authority’s website to obtain the information mentioned in subsection (2) in relation to the person.\n(sec.67-ssec.1) This section applies to a person if the person was a registered worker on 30 June of a financial year.\n(sec.67-ssec.2) The authority must give to the person a notice stating— the number of days’ service in the contract cleaning industry, as shown in the register of workers, the registered worker was credited with for the financial year; and the total number of days’ service in the contract cleaning industry the registered worker was credited with from the day the person became a registered worker to the end of the financial year; and the total amount of ordinary wages paid in the financial year for cleaning work performed by the registered worker.\n(sec.67-ssec.3) A notice under subsection (2) to a person may be given by allowing the person to access the authority’s website to obtain the information mentioned in subsection (2) in relation to the person.\n- (a) the number of days’ service in the contract cleaning industry, as shown in the register of workers, the registered worker was credited with for the financial year; and\n- (b) the total number of days’ service in the contract cleaning industry the registered worker was credited with from the day the person became a registered worker to the end of the financial year; and\n- (c) the total amount of ordinary wages paid in the financial year for cleaning work performed by the registered worker.","sortOrder":80},{"sectionNumber":"sec.68","sectionType":"section","heading":"Decisions about ordinary wages by the authority","content":"### sec.68 Decisions about ordinary wages by the authority\n\nThis section applies if the authority suspects the ordinary wages stated in a return (the return amount ) given to the authority by an employer do not accurately reflect the amount of ordinary wages of a particular worker, or all of the workers, of the employer in the return period.\nAfter considering all relevant matters, the authority may decide the return amount for the return period is either reasonable or not reasonable.\nIf the authority decides the return amount is not reasonable, the authority must give the employer an information notice about the decision.\nThe information notice must—\nstate the amount of ordinary wages of the worker or workers for the return period that the authority decides is reasonable; and\nrequire the employer to pay—\nan amount representing the difference between the amount of levy paid for the return amount and the amount of levy that should have been paid for the amount of ordinary wages decided under paragraph (a) ; and\nadditional amounts for which the employer is liable under sections 65 (1) and (3) and 87 (1) .\nThe amount required to be paid under subsection (4) (b) may be recovered by the authority as a debt.\n(sec.68-ssec.1) This section applies if the authority suspects the ordinary wages stated in a return (the return amount ) given to the authority by an employer do not accurately reflect the amount of ordinary wages of a particular worker, or all of the workers, of the employer in the return period.\n(sec.68-ssec.2) After considering all relevant matters, the authority may decide the return amount for the return period is either reasonable or not reasonable.\n(sec.68-ssec.3) If the authority decides the return amount is not reasonable, the authority must give the employer an information notice about the decision.\n(sec.68-ssec.4) The information notice must— state the amount of ordinary wages of the worker or workers for the return period that the authority decides is reasonable; and require the employer to pay— an amount representing the difference between the amount of levy paid for the return amount and the amount of levy that should have been paid for the amount of ordinary wages decided under paragraph (a) ; and additional amounts for which the employer is liable under sections 65 (1) and (3) and 87 (1) .\n(sec.68-ssec.5) The amount required to be paid under subsection (4) (b) may be recovered by the authority as a debt.\n- (a) state the amount of ordinary wages of the worker or workers for the return period that the authority decides is reasonable; and\n- (b) require the employer to pay— (i) an amount representing the difference between the amount of levy paid for the return amount and the amount of levy that should have been paid for the amount of ordinary wages decided under paragraph (a) ; and (ii) additional amounts for which the employer is liable under sections 65 (1) and (3) and 87 (1) .\n- (i) an amount representing the difference between the amount of levy paid for the return amount and the amount of levy that should have been paid for the amount of ordinary wages decided under paragraph (a) ; and\n- (ii) additional amounts for which the employer is liable under sections 65 (1) and (3) and 87 (1) .\n- (i) an amount representing the difference between the amount of levy paid for the return amount and the amount of levy that should have been paid for the amount of ordinary wages decided under paragraph (a) ; and\n- (ii) additional amounts for which the employer is liable under sections 65 (1) and (3) and 87 (1) .","sortOrder":81},{"sectionNumber":"sec.69","sectionType":"section","heading":"Retrospective service credits","content":"### sec.69 Retrospective service credits\n\nA registered worker, or person who applies to become a registered worker, may apply to the authority for credit for service ( retrospective service credit ) for a time the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement.\nThe authority must credit the applicant in the register of workers with the retrospective service credits the authority reasonably considers the applicant is entitled to if—\nthe authority is satisfied the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement; and\nthe applicant is, or becomes, a registered worker.\nHowever, a registered worker must not be credited with retrospective service credits—\nfor more than 5 years; or\nfor more than 365 days for any year in the 5 year period; or\nfor a period for which the worker has an entitlement under subsection (4) .\nIf a worker, who is entitled to become a registered worker on the commencement, has an entitlement to long service leave under the Industrial Relations Act 1999 from an employer, the liability for the entitlement remains with the employer.\nThe authority must nominate the total amount of the ordinary wages for the period of the retrospective service credits.\nFor calculating the amount of a long service leave payment under section 73 , the amount of the ordinary wages nominated by the authority under subsection (5) is taken to have been earned by the worker in a return period.\nThe authority must give the applicant an information notice about the decision and, if the authority credits the registered worker with retrospective service credits, the notice must include—\nthe amount of retrospective service credits the authority considers the applicant is entitled to be credited with under subsection (2) ; and\nthe total amount of the ordinary wages the authority has nominated under subsection (5) .\nIn this section—\ncommencement means commencement of this section.\nemployer means an employer of the worker (on or before the commencement) for the period for which the worker applies for retrospective service credit.\n(sec.69-ssec.1) A registered worker, or person who applies to become a registered worker, may apply to the authority for credit for service ( retrospective service credit ) for a time the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement.\n(sec.69-ssec.2) The authority must credit the applicant in the register of workers with the retrospective service credits the authority reasonably considers the applicant is entitled to if— the authority is satisfied the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement; and the applicant is, or becomes, a registered worker.\n(sec.69-ssec.3) However, a registered worker must not be credited with retrospective service credits— for more than 5 years; or for more than 365 days for any year in the 5 year period; or for a period for which the worker has an entitlement under subsection (4) .\n(sec.69-ssec.4) If a worker, who is entitled to become a registered worker on the commencement, has an entitlement to long service leave under the Industrial Relations Act 1999 from an employer, the liability for the entitlement remains with the employer.\n(sec.69-ssec.5) The authority must nominate the total amount of the ordinary wages for the period of the retrospective service credits.\n(sec.69-ssec.6) For calculating the amount of a long service leave payment under section 73 , the amount of the ordinary wages nominated by the authority under subsection (5) is taken to have been earned by the worker in a return period.\n(sec.69-ssec.7) The authority must give the applicant an information notice about the decision and, if the authority credits the registered worker with retrospective service credits, the notice must include— the amount of retrospective service credits the authority considers the applicant is entitled to be credited with under subsection (2) ; and the total amount of the ordinary wages the authority has nominated under subsection (5) .\n(sec.69-ssec.8) In this section— commencement means commencement of this section. employer means an employer of the worker (on or before the commencement) for the period for which the worker applies for retrospective service credit.\n- (a) the authority is satisfied the worker was engaged in performing cleaning work in the contract cleaning industry during any part of the 5 year period immediately before the commencement; and\n- (b) the applicant is, or becomes, a registered worker.\n- (a) for more than 5 years; or\n- (b) for more than 365 days for any year in the 5 year period; or\n- (c) for a period for which the worker has an entitlement under subsection (4) .\n- (a) the amount of retrospective service credits the authority considers the applicant is entitled to be credited with under subsection (2) ; and\n- (b) the total amount of the ordinary wages the authority has nominated under subsection (5) .","sortOrder":82},{"sectionNumber":"sec.70","sectionType":"section","heading":"Time frames for application for retrospective service credits","content":"### sec.70 Time frames for application for retrospective service credits\n\nAn application under section 69 (1) must be—\nmade within 2 years after the commencement of this section; and\nmade in the approved form; and\naccompanied by evidence that the applicant was engaged in performing cleaning work in the contract cleaning industry and evidence of the applicant’s ordinary wages for the time covered by the application.\nHowever, the authority may accept an application made after 2 years after the commencement of this section, if the authority considers there are special circumstances in relation to the particular application.\nThe authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice—\ngive further information or documents relevant to the application;\nverify information or documents forming part of the application including, if asked, by statutory declaration.\nThe authority may refuse to grant the application if the applicant, without reasonable excuse, does not give, or verify, the information or documents within the stated time.\nIf the authority refuses to grant the application, the authority must give the applicant an information notice about the refusal.\n(sec.70-ssec.1) An application under section 69 (1) must be— made within 2 years after the commencement of this section; and made in the approved form; and accompanied by evidence that the applicant was engaged in performing cleaning work in the contract cleaning industry and evidence of the applicant’s ordinary wages for the time covered by the application.\n(sec.70-ssec.2) However, the authority may accept an application made after 2 years after the commencement of this section, if the authority considers there are special circumstances in relation to the particular application.\n(sec.70-ssec.3) The authority may, by notice, ask the applicant to do 1 or both of the following within a reasonable time stated in the notice— give further information or documents relevant to the application; verify information or documents forming part of the application including, if asked, by statutory declaration.\n(sec.70-ssec.4) The authority may refuse to grant the application if the applicant, without reasonable excuse, does not give, or verify, the information or documents within the stated time.\n(sec.70-ssec.5) If the authority refuses to grant the application, the authority must give the applicant an information notice about the refusal.\n- (a) made within 2 years after the commencement of this section; and\n- (b) made in the approved form; and\n- (c) accompanied by evidence that the applicant was engaged in performing cleaning work in the contract cleaning industry and evidence of the applicant’s ordinary wages for the time covered by the application.\n- (a) give further information or documents relevant to the application;\n- (b) verify information or documents forming part of the application including, if asked, by statutory declaration.","sortOrder":83},{"sectionNumber":"pt.6","sectionType":"part","heading":"Long service leave","content":"# Long service leave","sortOrder":84},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application for long service leave entitlement","content":"### sec.71 Application for long service leave entitlement\n\nA registered worker who has credit for service in the register of workers may apply to the authority for payment for—\nall or part of the registered worker’s long service leave entitlement under section 72 (1) ; or\nall of the registered worker’s long service leave entitlement under section 72 (2) (a) .\nA registered worker may be paid for all or part of the registered worker’s long service leave entitlement, without taking long service leave, if—\nan industrial instrument provides for the registered worker to be paid instead of taking the long service leave; and\nthe registered worker has entered into a signed agreement with the authority to be paid all or part of the entitlement.\nIf the registered worker does not enter into a signed agreement under subsection (2) (b) , a payment may be made only if—\nthe registered worker has accrued 3,650 days service in the register of workers; and\nthe industrial commission has ordered the payment under the Industrial Relations Act 2016 , section 110 (3) .\nIf a registered worker has died and, immediately before the death, the registered worker had an entitlement to long service leave under section 72 (1) , the registered worker’s personal representative may apply to the authority for payment for the entitlement.\nAn application under this section must be in the approved form.\nIf the authority refuses payment in relation to an application for payment under subsection (1) or (4) , the authority must give the applicant an information notice about the refusal.\ns 71 amd 2009 No. 49 s 19 ; 2016 No. 63 s 1157 sch 6\n(sec.71-ssec.1) A registered worker who has credit for service in the register of workers may apply to the authority for payment for— all or part of the registered worker’s long service leave entitlement under section 72 (1) ; or all of the registered worker’s long service leave entitlement under section 72 (2) (a) .\n(sec.71-ssec.2) A registered worker may be paid for all or part of the registered worker’s long service leave entitlement, without taking long service leave, if— an industrial instrument provides for the registered worker to be paid instead of taking the long service leave; and the registered worker has entered into a signed agreement with the authority to be paid all or part of the entitlement.\n(sec.71-ssec.3) If the registered worker does not enter into a signed agreement under subsection (2) (b) , a payment may be made only if— the registered worker has accrued 3,650 days service in the register of workers; and the industrial commission has ordered the payment under the Industrial Relations Act 2016 , section 110 (3) .\n(sec.71-ssec.4) If a registered worker has died and, immediately before the death, the registered worker had an entitlement to long service leave under section 72 (1) , the registered worker’s personal representative may apply to the authority for payment for the entitlement.\n(sec.71-ssec.5) An application under this section must be in the approved form.\n(sec.71-ssec.6) If the authority refuses payment in relation to an application for payment under subsection (1) or (4) , the authority must give the applicant an information notice about the refusal.\n- (a) all or part of the registered worker’s long service leave entitlement under section 72 (1) ; or\n- (b) all of the registered worker’s long service leave entitlement under section 72 (2) (a) .\n- (a) an industrial instrument provides for the registered worker to be paid instead of taking the long service leave; and\n- (b) the registered worker has entered into a signed agreement with the authority to be paid all or part of the entitlement.\n- (a) the registered worker has accrued 3,650 days service in the register of workers; and\n- (b) the industrial commission has ordered the payment under the Industrial Relations Act 2016 , section 110 (3) .","sortOrder":85},{"sectionNumber":"sec.72","sectionType":"section","heading":"Entitlement to long service leave","content":"### sec.72 Entitlement to long service leave\n\nIf a registered worker has been credited with 3,650 days or more service in the register of workers, the registered worker’s entitlement to long service leave is—\nfor each period of 3,650 days of service—8.67 weeks; and\nfor each day of service not included in a period of service under paragraph (a) —the proportion of 8.67 weeks that the number of days’ service bears to 3,650 days.\nA worker is entitled to a proportionate payment for long service leave if the worker has been credited with at least 2,555 days’ service in the register and—\nintends to permanently stop performing cleaning work in the contract cleaning industry; or\ndies.\nLong service leave does not include a public holiday that happens during the long service leave taken by the registered worker.\n(sec.72-ssec.1) If a registered worker has been credited with 3,650 days or more service in the register of workers, the registered worker’s entitlement to long service leave is— for each period of 3,650 days of service—8.67 weeks; and for each day of service not included in a period of service under paragraph (a) —the proportion of 8.67 weeks that the number of days’ service bears to 3,650 days.\n(sec.72-ssec.2) A worker is entitled to a proportionate payment for long service leave if the worker has been credited with at least 2,555 days’ service in the register and— intends to permanently stop performing cleaning work in the contract cleaning industry; or dies.\n(sec.72-ssec.3) Long service leave does not include a public holiday that happens during the long service leave taken by the registered worker.\n- (a) for each period of 3,650 days of service—8.67 weeks; and\n- (b) for each day of service not included in a period of service under paragraph (a) —the proportion of 8.67 weeks that the number of days’ service bears to 3,650 days.\n- (a) intends to permanently stop performing cleaning work in the contract cleaning industry; or\n- (b) dies.","sortOrder":86},{"sectionNumber":"sec.73","sectionType":"section","heading":"Amount of long service leave payment","content":"### sec.73 Amount of long service leave payment\n\nSubject to sections 72 and 74 , the authority must pay to an applicant for payment of a long service leave entitlement under section 71 an amount for long service leave calculated using the formula—\nwhere—\nS means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers.\nR means the annual rate of pay that is payable for the classification level at the time the application under section 71 is made.\nThe authority must pay the applicant for a public holiday that happens during the long service leave taken by the applicant.\nUnless it is likely to be the last payment for a long service leave entitlement paid to the applicant by the authority, the authority must not pay the applicant for a period of long service leave that is less than 5 days.\nIn this section—\nclassification level means a classification level under an industrial instrument prescribed under a regulation.\nmoderated wages , of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period.\ns 73 amd 2009 No. 49 s 20\n(sec.73-ssec.1) Subject to sections 72 and 74 , the authority must pay to an applicant for payment of a long service leave entitlement under section 71 an amount for long service leave calculated using the formula— where— S means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers. R means the annual rate of pay that is payable for the classification level at the time the application under section 71 is made.\n(sec.73-ssec.2) The authority must pay the applicant for a public holiday that happens during the long service leave taken by the applicant.\n(sec.73-ssec.3) Unless it is likely to be the last payment for a long service leave entitlement paid to the applicant by the authority, the authority must not pay the applicant for a period of long service leave that is less than 5 days.\n(sec.73-ssec.4) In this section— classification level means a classification level under an industrial instrument prescribed under a regulation. moderated wages , of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period.","sortOrder":87},{"sectionNumber":"sec.74","sectionType":"section","heading":"Long service leave not payable in particular cases","content":"### sec.74 Long service leave not payable in particular cases\n\nA registered worker is not entitled to be paid for a long service leave entitlement for a day’s service that is credited to the registered worker in the register of workers if a payment for the entitlement, or a payment for the day’s service under section 75 , has already been made under this or another Act or an award.\ns 74 amd 2016 No. 63 s 1157 sch 6","sortOrder":88},{"sectionNumber":"sec.75","sectionType":"section","heading":"Payments to employers","content":"### sec.75 Payments to employers\n\nThis section applies if a registered worker has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry.\nThis section also applies if a registered worker has died and the registered worker’s personal representative has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry.\nOn application by the employer who paid the registered worker’s long service leave entitlement, the authority must pay to the employer an amount calculated using the formula—\nwhere—\nS means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers.\nR means the annual rate of pay that was payable for the classification level at the time the long service leave entitlement was paid by the employer.\nAn employer is not entitled to be paid an amount under this section for a period for which retrospective service credits were credited as mentioned in section 69 (2) .\nAn application under subsection (3) must be made—\nin the approved form; and\nwithin—\n3 months after the entitlement was paid; or\na longer period allowed by the authority, of not more than 2 years, after the entitlement was paid.\nHowever, the employer is not entitled to be paid under this section—\nan amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) or (2) ; or\nan amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker’s long service leave entitlement for the period by someone other than the employer.\nDespite section 50 (1) (a) , for a worker whose name has been removed from the register of workers under that provision, an employer is entitled to be paid an amount the employer would have been entitled to be paid under this section if the worker’s name had not been removed.\nAn employer is entitled to be paid for a public holiday that happens during the long service leave taken by a registered worker.\nIn this section—\nclassification level means a classification level under an industrial instrument prescribed under a regulation.\nmoderated wages , of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period.\ns 75 amd 2009 No. 49 s 21\n(sec.75-ssec.1) This section applies if a registered worker has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry.\n(sec.75-ssec.2) This section also applies if a registered worker has died and the registered worker’s personal representative has been paid all or part of the registered worker’s long service leave entitlement by an employer for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry.\n(sec.75-ssec.3) On application by the employer who paid the registered worker’s long service leave entitlement, the authority must pay to the employer an amount calculated using the formula— where— S means the amount calculated by adding together each amount of the registered worker’s moderated wages for each return period in which the registered worker was credited with service in the register of workers. R means the annual rate of pay that was payable for the classification level at the time the long service leave entitlement was paid by the employer. An employer is not entitled to be paid an amount under this section for a period for which retrospective service credits were credited as mentioned in section 69 (2) .\n(sec.75-ssec.4) An application under subsection (3) must be made— in the approved form; and within— 3 months after the entitlement was paid; or a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid.\n(sec.75-ssec.5) However, the employer is not entitled to be paid under this section— an amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) or (2) ; or an amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker’s long service leave entitlement for the period by someone other than the employer.\n(sec.75-ssec.6) Despite section 50 (1) (a) , for a worker whose name has been removed from the register of workers under that provision, an employer is entitled to be paid an amount the employer would have been entitled to be paid under this section if the worker’s name had not been removed.\n(sec.75-ssec.7) An employer is entitled to be paid for a public holiday that happens during the long service leave taken by a registered worker.\n(sec.75-ssec.8) In this section— classification level means a classification level under an industrial instrument prescribed under a regulation. moderated wages , of a registered worker for a return period, means the ordinary wages earned by the registered worker during the return period divided by the annual rate of pay that is payable for the classification level at the end of the return period.\n- (a) in the approved form; and\n- (b) within— (i) 3 months after the entitlement was paid; or (ii) a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid.\n- (i) 3 months after the entitlement was paid; or\n- (ii) a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid.\n- (i) 3 months after the entitlement was paid; or\n- (ii) a longer period allowed by the authority, of not more than 2 years, after the entitlement was paid.\n- (a) an amount that is more than the amount paid by the employer for the registered worker for the period mentioned in subsection (1) or (2) ; or\n- (b) an amount for a period the registered worker was engaged by the employer if the registered worker has been paid the registered worker’s long service leave entitlement for the period by someone other than the employer.","sortOrder":89},{"sectionNumber":"sec.76","sectionType":"section","heading":"If employer unable to pay benefit","content":"### sec.76 If employer unable to pay benefit\n\nThis section applies if the authority is satisfied that—\na registered worker is, or was immediately before the registered worker’s death, entitled to long service leave, other than under this Act, for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry; and\nthe employer who is liable to pay the entitlement can not pay the full amount of the entitlement.\nThe employer may pay to the authority the amount (the paid amount ) that represents the amount of the entitlement, less an amount the employer would have been entitled to be paid under section 75 if the employer had paid the full amount of the entitlement to the registered worker or the personal representative of the registered worker.\nIf the employer pays the paid amount to the authority—\nthe authority must pay the amount of the registered worker’s long service leave entitlement mentioned in subsection (1) (a) to—\nthe registered worker; or\nif the registered worker has died—the personal representative of the registered worker; and\nthe employer is taken to have complied with whichever of the following sections applies to the employer for the amount of the entitlement the employer is required to pay the registered worker—\nthe Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ;\nthe Industrial Relations Act 2016 , section 105 .\ns 76 amd 2016 No. 63 s 1157 sch 6\n(sec.76-ssec.1) This section applies if the authority is satisfied that— a registered worker is, or was immediately before the registered worker’s death, entitled to long service leave, other than under this Act, for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry; and the employer who is liable to pay the entitlement can not pay the full amount of the entitlement.\n(sec.76-ssec.2) The employer may pay to the authority the amount (the paid amount ) that represents the amount of the entitlement, less an amount the employer would have been entitled to be paid under section 75 if the employer had paid the full amount of the entitlement to the registered worker or the personal representative of the registered worker.\n(sec.76-ssec.3) If the employer pays the paid amount to the authority— the authority must pay the amount of the registered worker’s long service leave entitlement mentioned in subsection (1) (a) to— the registered worker; or if the registered worker has died—the personal representative of the registered worker; and the employer is taken to have complied with whichever of the following sections applies to the employer for the amount of the entitlement the employer is required to pay the registered worker— the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ; the Industrial Relations Act 2016 , section 105 .\n- (a) a registered worker is, or was immediately before the registered worker’s death, entitled to long service leave, other than under this Act, for a period when the registered worker was engaged in performing cleaning work in the contract cleaning industry; and\n- (b) the employer who is liable to pay the entitlement can not pay the full amount of the entitlement.\n- (a) the authority must pay the amount of the registered worker’s long service leave entitlement mentioned in subsection (1) (a) to— (i) the registered worker; or (ii) if the registered worker has died—the personal representative of the registered worker; and\n- (i) the registered worker; or\n- (ii) if the registered worker has died—the personal representative of the registered worker; and\n- (b) the employer is taken to have complied with whichever of the following sections applies to the employer for the amount of the entitlement the employer is required to pay the registered worker— (i) the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ; (ii) the Industrial Relations Act 2016 , section 105 .\n- (i) the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ;\n- (ii) the Industrial Relations Act 2016 , section 105 .\n- (i) the registered worker; or\n- (ii) if the registered worker has died—the personal representative of the registered worker; and\n- (i) the Industrial Relations Act 2016 , chapter 2 , part 3 , division 9 , subdivision 5 ;\n- (ii) the Industrial Relations Act 2016 , section 105 .","sortOrder":90},{"sectionNumber":"sec.77","sectionType":"section","heading":"Authority may pay if employer insolvent","content":"### sec.77 Authority may pay if employer insolvent\n\nThis section applies if—\nthe employer of a registered worker is or becomes an insolvent under administration, or an externally-administered body corporate, within the meaning of the Corporations Act ; and\nthe registered worker has an entitlement to long service leave.\nThe authority may pay to the worker, or the worker’s personal representative, the difference between—\nthe amount of the worker’s long service leave entitlement under this Act; and\nan amount the worker or personal representative has received from or on behalf of the employer for the worker’s long service leave entitlement under this Act.\n(sec.77-ssec.1) This section applies if— the employer of a registered worker is or becomes an insolvent under administration, or an externally-administered body corporate, within the meaning of the Corporations Act ; and the registered worker has an entitlement to long service leave.\n(sec.77-ssec.2) The authority may pay to the worker, or the worker’s personal representative, the difference between— the amount of the worker’s long service leave entitlement under this Act; and an amount the worker or personal representative has received from or on behalf of the employer for the worker’s long service leave entitlement under this Act.\n- (a) the employer of a registered worker is or becomes an insolvent under administration, or an externally-administered body corporate, within the meaning of the Corporations Act ; and\n- (b) the registered worker has an entitlement to long service leave.\n- (a) the amount of the worker’s long service leave entitlement under this Act; and\n- (b) an amount the worker or personal representative has received from or on behalf of the employer for the worker’s long service leave entitlement under this Act.","sortOrder":91},{"sectionNumber":"sec.78","sectionType":"section","heading":"If credit for service accrued elsewhere","content":"### sec.78 If credit for service accrued elsewhere\n\nA person who is a registered worker may apply to the authority for payment by the authority of a long service leave entitlement calculated in a way stated in a corresponding law of a reciprocating State if—\nthe person—\nhas, for a period, been engaged in performing cleaning work in the contract cleaning industry in the reciprocating State, or partly in the reciprocating State and partly in Queensland; and\nbecause of the length of the period, is entitled under the corresponding law to a payment of a long service leave benefit; and\nthe person would, if the person had engaged in the work in Queensland for the entire period, have had a long service leave entitlement under section 72 .\nIf a registered worker has died and, immediately before the death, the registered worker was entitled to apply for payment for a long service leave entitlement under subsection (1) , the registered worker’s personal representative may apply to the authority for the payment.\nThe authority must pay to an applicant under subsection (1) or (2) the amount of the entitlement calculated in the way stated in the corresponding law if the authority is—\nsatisfied the applicant is entitled under the corresponding law and this Act to the payment; and\nauthorised by the corresponding authority to make the payment.\nAn application for the payment may be included in an application under section 71 .\nIf the authority makes a payment under this section in relation to a period of cleaning work engaged in a reciprocating State, the authority must take all appropriate steps to ensure the authority is reimbursed by the corresponding authority for the payment.\nAn application under this section must be in the approved form.\nIf the authority refuses payment in relation to an application for payment under subsection (1) or (2) , the authority must give the applicant an information notice about the refusal.\n(sec.78-ssec.1) A person who is a registered worker may apply to the authority for payment by the authority of a long service leave entitlement calculated in a way stated in a corresponding law of a reciprocating State if— the person— has, for a period, been engaged in performing cleaning work in the contract cleaning industry in the reciprocating State, or partly in the reciprocating State and partly in Queensland; and because of the length of the period, is entitled under the corresponding law to a payment of a long service leave benefit; and the person would, if the person had engaged in the work in Queensland for the entire period, have had a long service leave entitlement under section 72 .\n(sec.78-ssec.2) If a registered worker has died and, immediately before the death, the registered worker was entitled to apply for payment for a long service leave entitlement under subsection (1) , the registered worker’s personal representative may apply to the authority for the payment.\n(sec.78-ssec.3) The authority must pay to an applicant under subsection (1) or (2) the amount of the entitlement calculated in the way stated in the corresponding law if the authority is— satisfied the applicant is entitled under the corresponding law and this Act to the payment; and authorised by the corresponding authority to make the payment.\n(sec.78-ssec.4) An application for the payment may be included in an application under section 71 .\n(sec.78-ssec.5) If the authority makes a payment under this section in relation to a period of cleaning work engaged in a reciprocating State, the authority must take all appropriate steps to ensure the authority is reimbursed by the corresponding authority for the payment.\n(sec.78-ssec.6) An application under this section must be in the approved form.\n(sec.78-ssec.7) If the authority refuses payment in relation to an application for payment under subsection (1) or (2) , the authority must give the applicant an information notice about the refusal.\n- (a) the person— (i) has, for a period, been engaged in performing cleaning work in the contract cleaning industry in the reciprocating State, or partly in the reciprocating State and partly in Queensland; and (ii) because of the length of the period, is entitled under the corresponding law to a payment of a long service leave benefit; and\n- (i) has, for a period, been engaged in performing cleaning work in the contract cleaning industry in the reciprocating State, or partly in the reciprocating State and partly in Queensland; and\n- (ii) because of the length of the period, is entitled under the corresponding law to a payment of a long service leave benefit; and\n- (b) the person would, if the person had engaged in the work in Queensland for the entire period, have had a long service leave entitlement under section 72 .\n- (i) has, for a period, been engaged in performing cleaning work in the contract cleaning industry in the reciprocating State, or partly in the reciprocating State and partly in Queensland; and\n- (ii) because of the length of the period, is entitled under the corresponding law to a payment of a long service leave benefit; and\n- (a) satisfied the applicant is entitled under the corresponding law and this Act to the payment; and\n- (b) authorised by the corresponding authority to make the payment.","sortOrder":92},{"sectionNumber":"sec.79","sectionType":"section","heading":"If a corresponding authority pays","content":"### sec.79 If a corresponding authority pays\n\nIf, under a corresponding law, a corresponding authority pays to a person an amount that, but for the payment, could have been payable for a long service leave entitlement under this Act—\nthe obligation of the authority to make the payment to the person for the entitlement is discharged; and\nthe authority must reimburse the corresponding authority if the authority is notified about the payment and is satisfied the payment was properly made.\nThe payment of an amount under subsection (1) (b) must be made in the way stated in an agreement entered into under section 144 for the reciprocating State in which the corresponding authority is established.\n(sec.79-ssec.1) If, under a corresponding law, a corresponding authority pays to a person an amount that, but for the payment, could have been payable for a long service leave entitlement under this Act— the obligation of the authority to make the payment to the person for the entitlement is discharged; and the authority must reimburse the corresponding authority if the authority is notified about the payment and is satisfied the payment was properly made.\n(sec.79-ssec.2) The payment of an amount under subsection (1) (b) must be made in the way stated in an agreement entered into under section 144 for the reciprocating State in which the corresponding authority is established.\n- (a) the obligation of the authority to make the payment to the person for the entitlement is discharged; and\n- (b) the authority must reimburse the corresponding authority if the authority is notified about the payment and is satisfied the payment was properly made.","sortOrder":93},{"sectionNumber":"sec.80","sectionType":"section","heading":"Authority’s liability confined to long service leave","content":"### sec.80 Authority’s liability confined to long service leave\n\nDespite the authority having paid, paying, or being liable to pay, for a long service leave entitlement under this Act to or for a registered worker, the authority is not—\nan employer of the registered worker; or\nliable to pay amounts as—\nan employer of the registered worker; or\na person in a contractual relationship with the registered worker.\n- (a) an employer of the registered worker; or\n- (b) liable to pay amounts as— (i) an employer of the registered worker; or (ii) a person in a contractual relationship with the registered worker.\n- (i) an employer of the registered worker; or\n- (ii) a person in a contractual relationship with the registered worker.\n- (i) an employer of the registered worker; or\n- (ii) a person in a contractual relationship with the registered worker.","sortOrder":94},{"sectionNumber":"sec.81","sectionType":"section","heading":"Payment may be deferred","content":"### sec.81 Payment may be deferred\n\nA person who applies for a payment for a long service leave entitlement may ask the authority to defer the payment.\nThe authority may defer the payment for a period agreed between the person and the authority.\n(sec.81-ssec.1) A person who applies for a payment for a long service leave entitlement may ask the authority to defer the payment.\n(sec.81-ssec.2) The authority may defer the payment for a period agreed between the person and the authority.","sortOrder":95},{"sectionNumber":"pt.6A","sectionType":"part","heading":null,"content":"","sortOrder":96},{"sectionNumber":"pt.6A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":97},{"sectionNumber":"sec.81A","sectionType":"section","heading":null,"content":"### Section sec.81A\n\ns 81A ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":98},{"sectionNumber":"sec.81B","sectionType":"section","heading":null,"content":"### Section sec.81B\n\ns 81B ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":99},{"sectionNumber":"sec.81C","sectionType":"section","heading":null,"content":"### Section sec.81C\n\ns 81C ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":100},{"sectionNumber":"pt.6A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":101},{"sectionNumber":"sec.81D","sectionType":"section","heading":null,"content":"### Section sec.81D\n\ns 81D ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":102},{"sectionNumber":"sec.81E","sectionType":"section","heading":null,"content":"### Section sec.81E\n\ns 81E ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":103},{"sectionNumber":"sec.81F","sectionType":"section","heading":null,"content":"### Section sec.81F\n\ns 81F ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":104},{"sectionNumber":"pt.6A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":105},{"sectionNumber":"sec.81G","sectionType":"section","heading":null,"content":"### Section sec.81G\n\ns 81G ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":106},{"sectionNumber":"pt.6A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":107},{"sectionNumber":"sec.81H","sectionType":"section","heading":null,"content":"### Section sec.81H\n\ns 81H ins 2020 No. 16 s 55\nexp 31 December 2020 (see s 81H)","sortOrder":108},{"sectionNumber":"pt.7","sectionType":"part","heading":"Long service leave levy","content":"# Long service leave levy","sortOrder":109},{"sectionNumber":"sec.82","sectionType":"section","heading":"Imposition of levy","content":"### sec.82 Imposition of levy\n\nA long service leave levy is imposed on the ordinary wages of each worker in the contract cleaning industry.","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Amount of levy","content":"### sec.83 Amount of levy\n\nFor each worker, the amount of the levy is the percentage, prescribed under a regulation, of the ordinary wages paid to the worker.","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Authority may give notice if levy is not paid","content":"### sec.84 Authority may give notice if levy is not paid\n\nThis section applies if the authority believes all or part of the levy has not been paid under section 63 (2) in relation to the ordinary wages of a worker.\nThe authority may, by notice, require a person the authority believes has information or documents about the ordinary wages, to give the authority the information or documents within a reasonable time stated in the notice.\nThe person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nIf a court finds a person has contravened subsection (3) , in addition to an order the court may make imposing a penalty, the court may make another order (the other order ) the court considers appropriate.\nThe person must comply with the other order, unless the person has a reasonable excuse.\nMaximum penalty for subsection (6) —60 penalty units.\n(sec.84-ssec.1) This section applies if the authority believes all or part of the levy has not been paid under section 63 (2) in relation to the ordinary wages of a worker.\n(sec.84-ssec.2) The authority may, by notice, require a person the authority believes has information or documents about the ordinary wages, to give the authority the information or documents within a reasonable time stated in the notice.\n(sec.84-ssec.3) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.84-ssec.4) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.84-ssec.5) If a court finds a person has contravened subsection (3) , in addition to an order the court may make imposing a penalty, the court may make another order (the other order ) the court considers appropriate.\n(sec.84-ssec.6) The person must comply with the other order, unless the person has a reasonable excuse. Maximum penalty for subsection (6) —60 penalty units.","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"Additional levy payments","content":"### sec.85 Additional levy payments\n\nThis section applies if the levy payable in relation to the ordinary wages of a worker is more than the amount an employer has paid to the authority as levy for the worker.\nThe authority must give the employer a notice requiring the employer to pay the amount (the unpaid amount ) decided by the authority that is reasonably attributable to the employer.\nWithin 14 days after receiving the notice, the employer must pay to the authority the unpaid amount stated in the notice.\nMaximum penalty—60 penalty units.\nIf a court finds a person guilty of an offence against subsection (3) whether or not it convicts the person, in addition to imposing a penalty on the person, the court may order the person to pay the authority the unpaid amount that is reasonably attributable to the employer.\nThe unpaid amount stated in an order under subsection (4) may be recovered by the authority as a debt owed by the person named in the order.\n(sec.85-ssec.1) This section applies if the levy payable in relation to the ordinary wages of a worker is more than the amount an employer has paid to the authority as levy for the worker.\n(sec.85-ssec.2) The authority must give the employer a notice requiring the employer to pay the amount (the unpaid amount ) decided by the authority that is reasonably attributable to the employer.\n(sec.85-ssec.3) Within 14 days after receiving the notice, the employer must pay to the authority the unpaid amount stated in the notice. Maximum penalty—60 penalty units.\n(sec.85-ssec.4) If a court finds a person guilty of an offence against subsection (3) whether or not it convicts the person, in addition to imposing a penalty on the person, the court may order the person to pay the authority the unpaid amount that is reasonably attributable to the employer.\n(sec.85-ssec.5) The unpaid amount stated in an order under subsection (4) may be recovered by the authority as a debt owed by the person named in the order.","sortOrder":113},{"sectionNumber":"sec.86","sectionType":"section","heading":"Appointment of agents for collection of levy amounts","content":"### sec.86 Appointment of agents for collection of levy amounts\n\nThe authority may enter into agreements with agents appointed by it for the collection of levy amounts.\nAn agreement with an agent may provide for the payment of remuneration for the agent.\nThis section does not limit any other power of the authority under this Act, including for example, under section 15 .\n(sec.86-ssec.1) The authority may enter into agreements with agents appointed by it for the collection of levy amounts.\n(sec.86-ssec.2) An agreement with an agent may provide for the payment of remuneration for the agent.\n(sec.86-ssec.3) This section does not limit any other power of the authority under this Act, including for example, under section 15 .","sortOrder":114},{"sectionNumber":"sec.87","sectionType":"section","heading":"Interest on, and extension of time for payment of, levy","content":"### sec.87 Interest on, and extension of time for payment of, levy\n\nA levy amount not paid at or before the time for its payment bears compound interest at the rate prescribed under a regulation.\nInterest forms part of, and may be recovered as, unpaid levy.\nOn application by an employer and only if the authority is satisfied there are special circumstances, the authority may decide—\nthe time for payment of all or part of a levy amount be changed to a later stated time; or\nthe amount of interest payable under subsection (1) be waived or reduced by a stated amount.\nSubsection (3) applies despite sections 63 and 84 .\n(sec.87-ssec.1) A levy amount not paid at or before the time for its payment bears compound interest at the rate prescribed under a regulation.\n(sec.87-ssec.2) Interest forms part of, and may be recovered as, unpaid levy.\n(sec.87-ssec.3) On application by an employer and only if the authority is satisfied there are special circumstances, the authority may decide— the time for payment of all or part of a levy amount be changed to a later stated time; or the amount of interest payable under subsection (1) be waived or reduced by a stated amount.\n(sec.87-ssec.4) Subsection (3) applies despite sections 63 and 84 .\n- (a) the time for payment of all or part of a levy amount be changed to a later stated time; or\n- (b) the amount of interest payable under subsection (1) be waived or reduced by a stated amount.","sortOrder":115},{"sectionNumber":"sec.88","sectionType":"section","heading":"Recovery of levy amount","content":"### sec.88 Recovery of levy amount\n\nA levy amount payable to the authority is a debt payable to it.\nA levy amount that is not paid may be sued for and recovered by, or for, the authority by a person appointed by it.\nIf it appears to the authority that the levy amount has not been fully paid, the authority may make an assessment of the amount owing.\nThe authority must give a notice of the assessment to the person to whom the assessment relates.\n(sec.88-ssec.1) A levy amount payable to the authority is a debt payable to it.\n(sec.88-ssec.2) A levy amount that is not paid may be sued for and recovered by, or for, the authority by a person appointed by it.\n(sec.88-ssec.3) If it appears to the authority that the levy amount has not been fully paid, the authority may make an assessment of the amount owing.\n(sec.88-ssec.4) The authority must give a notice of the assessment to the person to whom the assessment relates.","sortOrder":116},{"sectionNumber":"sec.89","sectionType":"section","heading":"Penalties no relief from levy","content":"### sec.89 Penalties no relief from levy\n\nA payment of a penalty for an offence against this Act or of a civil penalty under section 65 (1) or (3) does not relieve a person from liability to pay a levy or a levy amount to which the person would otherwise be liable.","sortOrder":117},{"sectionNumber":"pt.8","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":118},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Purpose of this part","content":"## Purpose of this part","sortOrder":119},{"sectionNumber":"sec.90","sectionType":"section","heading":"Purpose of pt 8","content":"### sec.90 Purpose of pt 8\n\nThe purpose of this part is to provide for reconsideration of, and appeals from, the following—\na decision made by the authority in relation to a matter for which this Act provides an application can be made or in relation to a levy or levy amount;\nan entry in the register of workers made by the authority;\nan entry in the register of employers made by the authority;\na direction or notice given by the authority.\nA matter mentioned in subsection (1) (a) to (d) is an original decision .\n(sec.90-ssec.1) The purpose of this part is to provide for reconsideration of, and appeals from, the following— a decision made by the authority in relation to a matter for which this Act provides an application can be made or in relation to a levy or levy amount; an entry in the register of workers made by the authority; an entry in the register of employers made by the authority; a direction or notice given by the authority.\n(sec.90-ssec.2) A matter mentioned in subsection (1) (a) to (d) is an original decision .\n- (a) a decision made by the authority in relation to a matter for which this Act provides an application can be made or in relation to a levy or levy amount;\n- (b) an entry in the register of workers made by the authority;\n- (c) an entry in the register of employers made by the authority;\n- (d) a direction or notice given by the authority.","sortOrder":120},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Internal reconsideration of original decision","content":"## Internal reconsideration of original decision","sortOrder":121},{"sectionNumber":"sec.91","sectionType":"section","heading":"Reconsideration of original decision of authority","content":"### sec.91 Reconsideration of original decision of authority\n\nA person who is aggrieved by an original decision of the authority (an aggrieved person ) may apply for a reconsideration of the decision (an application for reconsideration ).\nThe application must—\nbe made in the approved form to the authority—\nif the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —within 6 months after the notice is given to the person; or\nif the original decision relates to an entry in the register of workers—at any time; or\notherwise—within 45 days after the original decision is made or given; and\nbe supported by enough information to enable the authority to decide the application.\nHowever, if the authority is satisfied there are special circumstances, the authority may decide the time for applying for a reconsideration be changed to a later stated time.\nIf the authority decides the employer or a worker of the aggrieved person may have an interest in the application, the authority must give notice of the application (the reconsideration notice ) and supporting documents to the employer or worker (the recipient ).\nThe reconsideration notice must inform the recipient that submissions on the application may be made to the authority before a stated day at least 14 days after the application is made to the authority.\nIf the recipient makes a submission on the application, the authority must provide a copy of the submission to the aggrieved person and allow the aggrieved person at least 7 days after the copy is given to the aggrieved person to make a further submission to the authority.\nWithin 45 days after receiving the application, the authority must—\nreview the original decision; and\nconsider the application and any submissions properly made; and\nmake a decision (the reconsidered decision ) to—\nconfirm or revoke the original decision; or\nvary the original decision in a way the authority considers appropriate; and\ngive an information notice about the reconsidered decision to the aggrieved person and any recipient of a reconsideration notice.\nHowever, the authority is taken to have refused the application for reconsideration if, within 45 days after receiving the application, the authority—\ndoes not give the aggrieved person an information notice about the reconsidered decision; and\nhas not asked the aggrieved person for further information about the reconsideration.\nIf the authority asks for further information about the reconsideration and does not give the aggrieved person an information notice about the reconsidered decision, the authority is not taken to have refused the application for reconsideration until 60 days after the authority receives the application.\nAn application for a reconsideration of an original decision does not stay the decision.\nDespite the Acts Interpretation Act 1954 , section 27A , the application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\n(sec.91-ssec.1) A person who is aggrieved by an original decision of the authority (an aggrieved person ) may apply for a reconsideration of the decision (an application for reconsideration ).\n(sec.91-ssec.2) The application must— be made in the approved form to the authority— if the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —within 6 months after the notice is given to the person; or if the original decision relates to an entry in the register of workers—at any time; or otherwise—within 45 days after the original decision is made or given; and be supported by enough information to enable the authority to decide the application.\n(sec.91-ssec.3) However, if the authority is satisfied there are special circumstances, the authority may decide the time for applying for a reconsideration be changed to a later stated time.\n(sec.91-ssec.4) If the authority decides the employer or a worker of the aggrieved person may have an interest in the application, the authority must give notice of the application (the reconsideration notice ) and supporting documents to the employer or worker (the recipient ).\n(sec.91-ssec.5) The reconsideration notice must inform the recipient that submissions on the application may be made to the authority before a stated day at least 14 days after the application is made to the authority.\n(sec.91-ssec.6) If the recipient makes a submission on the application, the authority must provide a copy of the submission to the aggrieved person and allow the aggrieved person at least 7 days after the copy is given to the aggrieved person to make a further submission to the authority.\n(sec.91-ssec.7) Within 45 days after receiving the application, the authority must— review the original decision; and consider the application and any submissions properly made; and make a decision (the reconsidered decision ) to— confirm or revoke the original decision; or vary the original decision in a way the authority considers appropriate; and give an information notice about the reconsidered decision to the aggrieved person and any recipient of a reconsideration notice.\n(sec.91-ssec.8) However, the authority is taken to have refused the application for reconsideration if, within 45 days after receiving the application, the authority— does not give the aggrieved person an information notice about the reconsidered decision; and has not asked the aggrieved person for further information about the reconsideration.\n(sec.91-ssec.9) If the authority asks for further information about the reconsideration and does not give the aggrieved person an information notice about the reconsidered decision, the authority is not taken to have refused the application for reconsideration until 60 days after the authority receives the application.\n(sec.91-ssec.10) An application for a reconsideration of an original decision does not stay the decision.\n(sec.91-ssec.11) Despite the Acts Interpretation Act 1954 , section 27A , the application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n- (a) be made in the approved form to the authority— (i) if the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —within 6 months after the notice is given to the person; or (ii) if the original decision relates to an entry in the register of workers—at any time; or (iii) otherwise—within 45 days after the original decision is made or given; and\n- (i) if the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —within 6 months after the notice is given to the person; or\n- (ii) if the original decision relates to an entry in the register of workers—at any time; or\n- (iii) otherwise—within 45 days after the original decision is made or given; and\n- (b) be supported by enough information to enable the authority to decide the application.\n- (i) if the original decision relates to information contained in a notice given to the aggrieved person under section 67 (2) —within 6 months after the notice is given to the person; or\n- (ii) if the original decision relates to an entry in the register of workers—at any time; or\n- (iii) otherwise—within 45 days after the original decision is made or given; and\n- (a) review the original decision; and\n- (b) consider the application and any submissions properly made; and\n- (c) make a decision (the reconsidered decision ) to— (i) confirm or revoke the original decision; or (ii) vary the original decision in a way the authority considers appropriate; and\n- (i) confirm or revoke the original decision; or\n- (ii) vary the original decision in a way the authority considers appropriate; and\n- (d) give an information notice about the reconsidered decision to the aggrieved person and any recipient of a reconsideration notice.\n- (i) confirm or revoke the original decision; or\n- (ii) vary the original decision in a way the authority considers appropriate; and\n- (a) does not give the aggrieved person an information notice about the reconsidered decision; and\n- (b) has not asked the aggrieved person for further information about the reconsideration.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.","sortOrder":122},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Appeals to industrial magistrate","content":"## Appeals to industrial magistrate","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":"Appeal","content":"### sec.92 Appeal\n\nA person aggrieved by a reconsidered decision may appeal to an industrial magistrate.\nThe appeal must be started within 28 days after—\nif an information notice about the reconsidered decision is given to the person—the day the information notice is given; or\notherwise—the day the authority is, under section 91 (8) or (9) , taken to have refused the application for reconsideration.\nIn deciding an appeal, the industrial magistrate may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate.\nWithout limiting the industrial magistrate’s powers under the Industrial Relations Act 2016 , in deciding the appeal the industrial magistrate has the same powers as the authority.\nIf the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be the authority’s decision, except that it is not an original decision or a reconsidered decision.\nThe industrial magistrate may make an order about costs the magistrate considers just.\ns 92 amd 2016 No. 63 s 1157 sch 6\n(sec.92-ssec.1) A person aggrieved by a reconsidered decision may appeal to an industrial magistrate.\n(sec.92-ssec.2) The appeal must be started within 28 days after— if an information notice about the reconsidered decision is given to the person—the day the information notice is given; or otherwise—the day the authority is, under section 91 (8) or (9) , taken to have refused the application for reconsideration.\n(sec.92-ssec.3) In deciding an appeal, the industrial magistrate may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate.\n(sec.92-ssec.4) Without limiting the industrial magistrate’s powers under the Industrial Relations Act 2016 , in deciding the appeal the industrial magistrate has the same powers as the authority.\n(sec.92-ssec.5) If the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be the authority’s decision, except that it is not an original decision or a reconsidered decision.\n(sec.92-ssec.6) The industrial magistrate may make an order about costs the magistrate considers just.\n- (a) if an information notice about the reconsidered decision is given to the person—the day the information notice is given; or\n- (b) otherwise—the day the authority is, under section 91 (8) or (9) , taken to have refused the application for reconsideration.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate.","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Starting appeal","content":"### sec.93 Starting appeal\n\nAn appeal to an industrial magistrate must be started by filing a notice of appeal with the clerk of the court of the Magistrates Court nearest to the place where the appellant lives or carries on business.\nThe notice of appeal must state—\nthe decision appealed against; and\nthe material facts relied on in support of the appeal; and\nthe relief sought.\nThe clerk of the court must—\narrange with an industrial magistrate a return day and time for the appeal; and\ninsert the return day and time in the notice.\nThe return day must be at least 10 days after the day the notice is filed.\nAfter the clerk of the court has inserted the return day and time in the notice of appeal, the appellant must serve a copy of the notice on the authority and any other party to the appeal at least 5 days before the return day.\nIn this section—\nreturn day means the day the parties are to attend before an industrial magistrate about the appeal.\n(sec.93-ssec.1) An appeal to an industrial magistrate must be started by filing a notice of appeal with the clerk of the court of the Magistrates Court nearest to the place where the appellant lives or carries on business.\n(sec.93-ssec.2) The notice of appeal must state— the decision appealed against; and the material facts relied on in support of the appeal; and the relief sought.\n(sec.93-ssec.3) The clerk of the court must— arrange with an industrial magistrate a return day and time for the appeal; and insert the return day and time in the notice.\n(sec.93-ssec.4) The return day must be at least 10 days after the day the notice is filed.\n(sec.93-ssec.5) After the clerk of the court has inserted the return day and time in the notice of appeal, the appellant must serve a copy of the notice on the authority and any other party to the appeal at least 5 days before the return day.\n(sec.93-ssec.6) In this section— return day means the day the parties are to attend before an industrial magistrate about the appeal.\n- (a) the decision appealed against; and\n- (b) the material facts relied on in support of the appeal; and\n- (c) the relief sought.\n- (a) arrange with an industrial magistrate a return day and time for the appeal; and\n- (b) insert the return day and time in the notice.","sortOrder":125},{"sectionNumber":"sec.94","sectionType":"section","heading":"Directions","content":"### sec.94 Directions\n\nAn industrial magistrate may issue directions about the conduct of the appeal.","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":"Where appeal heard","content":"### sec.95 Where appeal heard\n\nAn appeal to an industrial magistrate must be heard at the place the notice of appeal is filed unless—\nan industrial magistrate at the place directs the appeal may more conveniently be heard by an industrial magistrate at another place; or\nthe parties agree the appeal may more conveniently be heard by an industrial magistrate at another place.\nThe direction may be made on the application of a party or on the industrial magistrate’s own initiative.\nIf a direction is made under subsection (1) (a) or the parties agree under subsection (1) (b) , an industrial magistrate at the place must adjourn the appeal and send the appeal records to an industrial magistrate at the other place.\n(sec.95-ssec.1) An appeal to an industrial magistrate must be heard at the place the notice of appeal is filed unless— an industrial magistrate at the place directs the appeal may more conveniently be heard by an industrial magistrate at another place; or the parties agree the appeal may more conveniently be heard by an industrial magistrate at another place.\n(sec.95-ssec.2) The direction may be made on the application of a party or on the industrial magistrate’s own initiative.\n(sec.95-ssec.3) If a direction is made under subsection (1) (a) or the parties agree under subsection (1) (b) , an industrial magistrate at the place must adjourn the appeal and send the appeal records to an industrial magistrate at the other place.\n- (a) an industrial magistrate at the place directs the appeal may more conveniently be heard by an industrial magistrate at another place; or\n- (b) the parties agree the appeal may more conveniently be heard by an industrial magistrate at another place.","sortOrder":127},{"sectionNumber":"sec.96","sectionType":"section","heading":"Attendance notice","content":"### sec.96 Attendance notice\n\nAn industrial magistrate may, by notice ( attendance notice ), require a person to attend at a hearing of the appeal at a stated time and place for 1 or more of the following reasons until the person is excused—\nto give evidence;\nto produce a stated document or thing;\nto establish a reasonable excuse claimed for a stated document or thing the person is required to produce.\nA person given an attendance notice must not, unless the person has a reasonable excuse, fail to—\nattend the hearing; or\ncontinue to attend the hearing until excused; or\nproduce a document stated in the notice.\nMaximum penalty—40 penalty units.\n(sec.96-ssec.1) An industrial magistrate may, by notice ( attendance notice ), require a person to attend at a hearing of the appeal at a stated time and place for 1 or more of the following reasons until the person is excused— to give evidence; to produce a stated document or thing; to establish a reasonable excuse claimed for a stated document or thing the person is required to produce.\n(sec.96-ssec.2) A person given an attendance notice must not, unless the person has a reasonable excuse, fail to— attend the hearing; or continue to attend the hearing until excused; or produce a document stated in the notice. Maximum penalty—40 penalty units.\n- (a) to give evidence;\n- (b) to produce a stated document or thing;\n- (c) to establish a reasonable excuse claimed for a stated document or thing the person is required to produce.\n- (a) attend the hearing; or\n- (b) continue to attend the hearing until excused; or\n- (c) produce a document stated in the notice.","sortOrder":128},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Appeal to industrial commission","content":"## Appeal to industrial commission","sortOrder":129},{"sectionNumber":"sec.97","sectionType":"section","heading":"Appeal","content":"### sec.97 Appeal\n\nA person aggrieved by a reconsidered decision of the authority about a decision under section 69 (2) or (5) may, instead of appealing to the industrial magistrate, appeal to the industrial commission (the commission ).\nThe appeal must be started, as required under the rules made under the Industrial Relations Act 2016 , within 21 days after the person is given an information notice about the decision being appealed.\nHowever, the commission may extend the time for starting an appeal.\ns 97 amd 2016 No. 63 s 1157 sch 6\n(sec.97-ssec.1) A person aggrieved by a reconsidered decision of the authority about a decision under section 69 (2) or (5) may, instead of appealing to the industrial magistrate, appeal to the industrial commission (the commission ).\n(sec.97-ssec.2) The appeal must be started, as required under the rules made under the Industrial Relations Act 2016 , within 21 days after the person is given an information notice about the decision being appealed.\n(sec.97-ssec.3) However, the commission may extend the time for starting an appeal.","sortOrder":130},{"sectionNumber":"sec.98","sectionType":"section","heading":"Nature of appeal","content":"### sec.98 Nature of appeal\n\nAn appeal to the commission is by way of rehearing on the record.\nHowever, the commission may hear evidence afresh, or hear additional evidence, if the commission considers it appropriate to effectively dispose of the appeal.\n(sec.98-ssec.1) An appeal to the commission is by way of rehearing on the record.\n(sec.98-ssec.2) However, the commission may hear evidence afresh, or hear additional evidence, if the commission considers it appropriate to effectively dispose of the appeal.","sortOrder":131},{"sectionNumber":"sec.99","sectionType":"section","heading":"Decision on appeal","content":"### sec.99 Decision on appeal\n\nThe commission must deal with an appeal as quickly as possible.\nThe commission may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the authority with directions the commission considers appropriate.\nWithout limiting the industrial commission’s powers under the Industrial Relations Act 2016 , in deciding the appeal the industrial commission has the same powers as the authority.\nSubject to section 100 , the commission’s decision—\nis final and conclusive; and\ncan not be impeached for informality or want of form.\ns 99 amd 2016 No. 63 s 1157 sch 6\n(sec.99-ssec.1) The commission must deal with an appeal as quickly as possible.\n(sec.99-ssec.2) The commission may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the authority with directions the commission considers appropriate.\n(sec.99-ssec.3) Without limiting the industrial commission’s powers under the Industrial Relations Act 2016 , in deciding the appeal the industrial commission has the same powers as the authority.\n(sec.99-ssec.4) Subject to section 100 , the commission’s decision— is final and conclusive; and can not be impeached for informality or want of form. s 99 amd 2016 No. 63 s 1157 sch 6\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the matter to the authority with directions the commission considers appropriate.\n- (a) is final and conclusive; and\n- (b) can not be impeached for informality or want of form.","sortOrder":132},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Appeal to industrial court","content":"## Appeal to industrial court","sortOrder":133},{"sectionNumber":"sec.100","sectionType":"section","heading":"Appeal","content":"### sec.100 Appeal\n\nThe authority or a person may appeal to the industrial court under the rules of court governing the practice of the court against—\na decision of an industrial magistrate in an appeal under section 92 (3) ; or\na decision of the commission in an appeal under section 99 (2) .\nAn appeal under subsection (1) is limited to—\nerror of law; or\nexcess, or want, of jurisdiction.\n(sec.100-ssec.1) The authority or a person may appeal to the industrial court under the rules of court governing the practice of the court against— a decision of an industrial magistrate in an appeal under section 92 (3) ; or a decision of the commission in an appeal under section 99 (2) .\n(sec.100-ssec.2) An appeal under subsection (1) is limited to— error of law; or excess, or want, of jurisdiction.\n- (a) a decision of an industrial magistrate in an appeal under section 92 (3) ; or\n- (b) a decision of the commission in an appeal under section 99 (2) .\n- (a) error of law; or\n- (b) excess, or want, of jurisdiction.","sortOrder":134},{"sectionNumber":"pt.9","sectionType":"part","heading":"Authorised officers and their powers","content":"# Authorised officers and their powers","sortOrder":135},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":136},{"sectionNumber":"sec.101","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.101 Appointment and qualifications\n\nThe general manager may appoint any of the following persons as an authorised officer—\na public service employee;\na person prescribed under a regulation.\nHowever, the general manager may appoint a person as an authorised officer only if the general manager is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\nThe general manager is also an authorised officer.\n(sec.101-ssec.1) The general manager may appoint any of the following persons as an authorised officer— a public service employee; a person prescribed under a regulation.\n(sec.101-ssec.2) However, the general manager may appoint a person as an authorised officer only if the general manager is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.101-ssec.3) The general manager is also an authorised officer.\n- (a) a public service employee;\n- (b) a person prescribed under a regulation.","sortOrder":137},{"sectionNumber":"sec.102","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.102 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\nThe Minister may place conditions on the general manager’s powers as an authorised officer.\nIn this section—\nsigned notice means a notice signed by the general manager.\n(sec.102-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.102-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\n(sec.102-ssec.3) The Minister may place conditions on the general manager’s powers as an authorised officer.\n(sec.102-ssec.4) In this section— signed notice means a notice signed by the general manager.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":138},{"sectionNumber":"sec.103","sectionType":"section","heading":"Issue of identity card","content":"### sec.103 Issue of identity card\n\nThe general manager must issue an identity card to each authorised officer.\nThe general manager must also have an identity card identifying the general manager as an authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.103-ssec.1) The general manager must issue an identity card to each authorised officer.\n(sec.103-ssec.2) The general manager must also have an identity card identifying the general manager as an authorised officer.\n(sec.103-ssec.3) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.103-ssec.4) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":139},{"sectionNumber":"sec.104","sectionType":"section","heading":"Production or display of identity card","content":"### sec.104 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 107 (1) (b) or (2) .\n(sec.104-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.104-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.104-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 107 (1) (b) or (2) .\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":140},{"sectionNumber":"sec.105","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.105 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised officer ceases to hold office.\nSubsection (1) does not limit the ways an authorised officer may stop holding office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.105-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised officer ceases to hold office.\n(sec.105-ssec.2) Subsection (1) does not limit the ways an authorised officer may stop holding office.\n(sec.105-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised officer ceases to hold office.","sortOrder":141},{"sectionNumber":"sec.106","sectionType":"section","heading":"Return of identity card","content":"### sec.106 Return of identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to the general manager within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nHowever, if the person is the general manager and the person ceases to be the general manager, the person must return the person’s identity card to the Minister within 21 days after ceasing to be the general manager unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.106-ssec.1) A person who ceases to be an authorised officer must return the person’s identity card to the general manager within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.106-ssec.2) However, if the person is the general manager and the person ceases to be the general manager, the person must return the person’s identity card to the Minister within 21 days after ceasing to be the general manager unless the person has a reasonable excuse. Maximum penalty—40 penalty units.","sortOrder":142},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Procedure for entry","content":"## Procedure for entry","sortOrder":143},{"sectionNumber":"sec.107","sectionType":"section","heading":"Power to enter places","content":"### sec.107 Power to enter places\n\nAn authorised officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is an employer’s place of business and is—\nopen for carrying on the business; or\notherwise open for entry.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n(sec.107-ssec.1) An authorised officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is an employer’s place of business and is— open for carrying on the business; or otherwise open for entry.\n(sec.107-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised officer considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.107-ssec.3) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is an employer’s place of business and is— (i) open for carrying on the business; or (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":144},{"sectionNumber":"sec.108","sectionType":"section","heading":"Entry with consent","content":"### sec.108 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 107 (1) (a) .\nBefore asking for the consent, the authorised officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.108-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 107 (1) (a) .\n(sec.108-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.108-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.\n(sec.108-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.108-ssec.5) If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.\n(sec.108-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":145},{"sectionNumber":"sec.109","sectionType":"section","heading":"Application for warrant","content":"### sec.109 Application for warrant\n\nAn authorised officer may apply to an industrial magistrate for a warrant for a place.\nThe authorised officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe industrial magistrate may refuse to consider the application until the authorised officer gives the industrial magistrate all the information the industrial magistrate requires about the application in the way the magistrate requires.\nThe industrial magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.109-ssec.1) An authorised officer may apply to an industrial magistrate for a warrant for a place.\n(sec.109-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.109-ssec.3) The written application must be sworn.\n(sec.109-ssec.4) The industrial magistrate may refuse to consider the application until the authorised officer gives the industrial magistrate all the information the industrial magistrate requires about the application in the way the magistrate requires. The industrial magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":146},{"sectionNumber":"sec.110","sectionType":"section","heading":"Issue of warrant","content":"### sec.110 Issue of warrant\n\nThe industrial magistrate may issue the warrant for the place if the industrial magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place or, within the next 7 days, will be at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised officer may, with necessary and reasonable help and force—\nenter the place and another place necessary for entry to the place; and\nexercise the authorised officer’s powers under this part; and\nparticulars of the offence that the industrial magistrate considers appropriate in the circumstances; and\nthe name of the person suspected of having committed the offence, unless the name is unknown or the industrial magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe industrial magistrate’s name; and\nthe date and time of the warrant’s issue; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.110-ssec.1) The industrial magistrate may issue the warrant for the place if the industrial magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, will be at the place.\n(sec.110-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised officer may, with necessary and reasonable help and force— enter the place and another place necessary for entry to the place; and exercise the authorised officer’s powers under this part; and particulars of the offence that the industrial magistrate considers appropriate in the circumstances; and the name of the person suspected of having committed the offence, unless the name is unknown or the industrial magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the industrial magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place or, within the next 7 days, will be at the place.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and another place necessary for entry to the place; and (ii) exercise the authorised officer’s powers under this part; and\n- (i) enter the place and another place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers under this part; and\n- (c) particulars of the offence that the industrial magistrate considers appropriate in the circumstances; and\n- (d) the name of the person suspected of having committed the offence, unless the name is unknown or the industrial magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the industrial magistrate’s name; and\n- (h) the date and time of the warrant’s issue; and\n- (i) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and another place necessary for entry to the place; and\n- (ii) exercise the authorised officer’s powers under this part; and","sortOrder":147},{"sectionNumber":"sec.111","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.111 Application by electronic communication and duplicate warrant\n\nAn application under section 109 may be made by phone, fax, email, radio, video conferencing or another form of electronic communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances including, for example, the authorised officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 109 (2) ; but\nmay be made before the written application is sworn.\nThe industrial magistrate may issue the warrant (the original warrant ) only if the industrial magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the industrial magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the industrial magistrate must immediately give a copy of the warrant to the authorised officer; or\notherwise—\nthe industrial magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and\nthe authorised officer must complete a form of warrant including by writing on it—\nthe industrial magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ) is a duplicate of, and as effectual as, the original warrant.\nThe authorised officer must, at the first reasonable opportunity, send to the industrial magistrate—\nthe written application complying with section 109 (2) and (3) ; and\nif the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe industrial magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant industrial magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does limit section 109 .\nIn this section—\nrelevant industrial magistrates court , in relation to an industrial magistrate, means the Industrial Magistrates Court the magistrate constitutes under the Industrial Relations Act 2016 , section 504 .\ns 111 amd 2016 No. 63 s 1157 sch 6\n(sec.111-ssec.1) An application under section 109 may be made by phone, fax, email, radio, video conferencing or another form of electronic communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances including, for example, the authorised officer’s remote location.\n(sec.111-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 109 (2) ; but may be made before the written application is sworn.\n(sec.111-ssec.3) The industrial magistrate may issue the warrant (the original warrant ) only if the industrial magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.111-ssec.4) After the industrial magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the industrial magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the industrial magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and the authorised officer must complete a form of warrant including by writing on it— the industrial magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.111-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ) is a duplicate of, and as effectual as, the original warrant.\n(sec.111-ssec.6) The authorised officer must, at the first reasonable opportunity, send to the industrial magistrate— the written application complying with section 109 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.111-ssec.7) The industrial magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant industrial magistrates court.\n(sec.111-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.111-ssec.9) This section does limit section 109 .\n(sec.111-ssec.10) In this section— relevant industrial magistrates court , in relation to an industrial magistrate, means the Industrial Magistrates Court the magistrate constitutes under the Industrial Relations Act 2016 , section 504 .\n- (a) urgent circumstances; or\n- (b) other special circumstances including, for example, the authorised officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 109 (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, for example, by sending a copy by fax or email, the industrial magistrate must immediately give a copy of the warrant to the authorised officer; or\n- (b) otherwise— (i) the industrial magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised officer must complete a form of warrant including by writing on it— (A) the industrial magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the industrial magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised officer must complete a form of warrant including by writing on it— (A) the industrial magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the industrial magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the industrial magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised officer must complete a form of warrant including by writing on it— (A) the industrial magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the industrial magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the industrial magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 109 (2) and (3) ; and\n- (b) if the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant industrial magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":148},{"sectionNumber":"sec.112","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.112 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant or in compliance with section 109 , 110 or 111 unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 111 (5) .\n(sec.112-ssec.1) A warrant is not invalidated by a defect in the warrant or in compliance with section 109 , 110 or 111 unless the defect affects the substance of the warrant in a material particular.\n(sec.112-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 111 (5) .","sortOrder":149},{"sectionNumber":"sec.113","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.113 Warrants—procedure before entry\n\nThis section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place in the way stated in section 104 ;\ngive the person a copy of the warrant;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 111 (5) .\n(sec.113-ssec.1) This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.113-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place in the way stated in section 104 ; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.113-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.113-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 111 (5) .\n- (a) identify himself or herself to a person present at the place who is an occupier of the place in the way stated in section 104 ;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":150},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Powers of authorised officers after entry","content":"## Powers of authorised officers after entry","sortOrder":151},{"sectionNumber":"sec.114","sectionType":"section","heading":"General powers of authorised officer after entering places","content":"### sec.114 General powers of authorised officer after entering places\n\nThis division applies to an authorised officer who enters a place.\nHowever if an authorised officer, under section 107 (2) , enters a place to ask the occupier’s consent to enter premises, this division applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\nFor performing an authorised officer’s function under this Act, an authorised officer may do any of the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\ntake a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\ncopy, or take an extract from, a document at the place;\ntake into or onto the place any person, equipment and materials the authorised officer reasonably requires for exercising a power under this division.\n(sec.114-ssec.1) This division applies to an authorised officer who enters a place.\n(sec.114-ssec.2) However if an authorised officer, under section 107 (2) , enters a place to ask the occupier’s consent to enter premises, this division applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\n(sec.114-ssec.3) For performing an authorised officer’s function under this Act, an authorised officer may do any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; copy, or take an extract from, a document at the place; take into or onto the place any person, equipment and materials the authorised officer reasonably requires for exercising a power under this division.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\n- (d) copy, or take an extract from, a document at the place;\n- (e) take into or onto the place any person, equipment and materials the authorised officer reasonably requires for exercising a power under this division.","sortOrder":152},{"sectionNumber":"sec.115","sectionType":"section","heading":"Power to require reasonable help or information","content":"### sec.115 Power to require reasonable help or information\n\nAn authorised officer may require the occupier of the place, or a person at the place, to give the authorised officer reasonable help, including, for example, by producing a document or giving information, to—\nexercise a power under this part; or\nwork out whether this Act is being complied with.\nWhen making the requirement, the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nA person required to give reasonable help under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.115-ssec.1) An authorised officer may require the occupier of the place, or a person at the place, to give the authorised officer reasonable help, including, for example, by producing a document or giving information, to— exercise a power under this part; or work out whether this Act is being complied with.\n(sec.115-ssec.2) When making the requirement, the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.115-ssec.3) A person required to give reasonable help under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.115-ssec.4) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n- (a) exercise a power under this part; or\n- (b) work out whether this Act is being complied with.","sortOrder":153},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Power of authorised officers to seize evidence","content":"## Power of authorised officers to seize evidence","sortOrder":154},{"sectionNumber":"sec.116","sectionType":"section","heading":"Seizing evidence at place","content":"### sec.116 Seizing evidence at place\n\nSubsections (2) to (5) apply if—\nan authorised officer is authorised to enter a place under section 107 (1) only with the consent of an occupier or a warrant; and\nthe authorised person enters the place after obtaining the necessary consent or warrant.\nIf the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—\nthe authorised officer believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer may also seize anything else at the place if the authorised officer believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised officer may seize a thing at the place if the authorised officer believes it has just been used in committing an offence against this Act.\nAn authorised officer who lawfully enters a place under section 107 (1) , without the consent of the occupier and without a warrant, may seize a thing at the place if the authorised officer believes the thing is evidence of an offence against this Act.\n(sec.116-ssec.1) Subsections (2) to (5) apply if— an authorised officer is authorised to enter a place under section 107 (1) only with the consent of an occupier or a warrant; and the authorised person enters the place after obtaining the necessary consent or warrant.\n(sec.116-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if— the authorised officer believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.116-ssec.3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\n(sec.116-ssec.4) The authorised officer may also seize anything else at the place if the authorised officer believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.116-ssec.5) Also, the authorised officer may seize a thing at the place if the authorised officer believes it has just been used in committing an offence against this Act.\n(sec.116-ssec.6) An authorised officer who lawfully enters a place under section 107 (1) , without the consent of the occupier and without a warrant, may seize a thing at the place if the authorised officer believes the thing is evidence of an offence against this Act.\n- (a) an authorised officer is authorised to enter a place under section 107 (1) only with the consent of an occupier or a warrant; and\n- (b) the authorised person enters the place after obtaining the necessary consent or warrant.\n- (a) the authorised officer believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":155},{"sectionNumber":"sec.117","sectionType":"section","heading":"Securing seized things","content":"### sec.117 Securing seized things\n\nHaving seized a thing, an authorised officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— • sealing a thing and marking it to show access to it is restricted • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted","sortOrder":156},{"sectionNumber":"sec.118","sectionType":"section","heading":"Tampering with seized things","content":"### sec.118 Tampering with seized things\n\nIf an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.\nMaximum penalty—40 penalty units.","sortOrder":157},{"sectionNumber":"sec.119","sectionType":"section","heading":"Powers to support seizure","content":"### sec.119 Powers to support seizure\n\nTo enable a thing to be seized, an authorised officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\nA further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —100 penalty units.\n(sec.119-ssec.1) To enable a thing to be seized, an authorised officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.119-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.119-ssec.3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\n(sec.119-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —100 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":158},{"sectionNumber":"sec.120","sectionType":"section","heading":"Receipt for seized things","content":"### sec.120 Receipt for seized things\n\nAs soon as possible after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally the thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt having regard to the thing’s nature, condition and value.\n(sec.120-ssec.1) As soon as possible after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.120-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.120-ssec.3) The receipt must describe generally the thing seized and its condition.\n(sec.120-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt having regard to the thing’s nature, condition and value.","sortOrder":159},{"sectionNumber":"sec.121","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.121 Forfeiture of seized things\n\nA seized thing is forfeited to the State if the authorised officer who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.121-ssec.1) A seized thing is forfeited to the State if the authorised officer who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.121-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. The owner of the thing has migrated to another country.\n(sec.121-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — The owner of the thing has migrated to another country.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":160},{"sectionNumber":"sec.122","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.122 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the general manager as the general manager considers appropriate.\nWithout limiting subsection (1) , the general manager may destroy or dispose of the thing.\n(sec.122-ssec.1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the general manager as the general manager considers appropriate.\n(sec.122-ssec.2) Without limiting subsection (1) , the general manager may destroy or dispose of the thing.","sortOrder":161},{"sectionNumber":"sec.123","sectionType":"section","heading":"Return of seized things","content":"### sec.123 Return of seized things\n\nIf a seized thing has not been forfeited, the authorised officer must return it to its owner—\nat the end of 6 months; or\nif a proceeding involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the authorised officer must immediately return a seized thing to its owner if the authorised officer stops being satisfied its continued retention as evidence is necessary.\n(sec.123-ssec.1) If a seized thing has not been forfeited, the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.123-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the authorised officer must immediately return a seized thing to its owner if the authorised officer stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.","sortOrder":162},{"sectionNumber":"sec.124","sectionType":"section","heading":"Access to seized things","content":"### sec.124 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.124-ssec.1) Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.124-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":163},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Other enforcement matters","content":"## Other enforcement matters","sortOrder":164},{"sectionNumber":"sec.125","sectionType":"section","heading":"Authorised officer may require record kept under s 66","content":"### sec.125 Authorised officer may require record kept under s 66\n\nAn authorised officer may, by notice given to the employer, require the employer to give the authority the record that the employer is required to keep under section 66 .\nThe notice may state a reasonable time within which the record must be given to the authority.\nThe employer must comply with the notice within the stated time, unless the employer has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is not a reasonable excuse that giving the record stated in the notice might tend to incriminate the employer.\nIf a court finds an employer has contravened subsection (3) , in addition to an order the court may make imposing a penalty, the court may make another order the court considers appropriate.\nThe employer must comply with the order unless the employer has a reasonable excuse.\nMaximum penalty for subsection (6) —40 penalty units.\n(sec.125-ssec.1) An authorised officer may, by notice given to the employer, require the employer to give the authority the record that the employer is required to keep under section 66 .\n(sec.125-ssec.2) The notice may state a reasonable time within which the record must be given to the authority.\n(sec.125-ssec.3) The employer must comply with the notice within the stated time, unless the employer has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.125-ssec.4) It is not a reasonable excuse that giving the record stated in the notice might tend to incriminate the employer.\n(sec.125-ssec.5) If a court finds an employer has contravened subsection (3) , in addition to an order the court may make imposing a penalty, the court may make another order the court considers appropriate.\n(sec.125-ssec.6) The employer must comply with the order unless the employer has a reasonable excuse. Maximum penalty for subsection (6) —40 penalty units.","sortOrder":165},{"sectionNumber":"sec.126","sectionType":"section","heading":"False or misleading information","content":"### sec.126 False or misleading information\n\nA person must not state anything to an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nIt is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.126-ssec.1) A person must not state anything to an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.126-ssec.2) It is enough for a complaint for an offence against subsection (1) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":166},{"sectionNumber":"sec.127","sectionType":"section","heading":"False or misleading document","content":"### sec.127 False or misleading document\n\nA person must not give to an authorised officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the authorised officer, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the authorised officer if the person has, or can reasonably obtain, the correct information.\nIt is enough for a complaint for an offence against subsection (1) to state the document made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n(sec.127-ssec.1) A person must not give to an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.127-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the authorised officer, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the authorised officer if the person has, or can reasonably obtain, the correct information.\n(sec.127-ssec.3) It is enough for a complaint for an offence against subsection (1) to state the document made was ‘false or misleading’ to the person’s knowledge, without specifying which.\n- (a) informs the authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the authorised officer if the person has, or can reasonably obtain, the correct information.","sortOrder":167},{"sectionNumber":"sec.128","sectionType":"section","heading":"Obstructing authorised officers","content":"### sec.128 Obstructing authorised officers\n\nA person must not obstruct an authorised officer in the exercise of a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIn this section—\nobstruct includes hinder and attempt to obstruct.\n(sec.128-ssec.1) A person must not obstruct an authorised officer in the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.128-ssec.2) In this section— obstruct includes hinder and attempt to obstruct.","sortOrder":168},{"sectionNumber":"sec.129","sectionType":"section","heading":"Impersonation of authorised officer","content":"### sec.129 Impersonation of authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—100 penalty units.","sortOrder":169},{"sectionNumber":"sec.130","sectionType":"section","heading":"Notice of damage","content":"### sec.130 Notice of damage\n\nThis section applies if—\nan authorised officer damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an authorised officer damages property.\nThe authorised officer must promptly give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.130-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an authorised officer damages property.\n(sec.130-ssec.2) The authorised officer must promptly give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\n(sec.130-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.\n(sec.130-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.130-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.130-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised officer damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an authorised officer damages property.","sortOrder":170},{"sectionNumber":"sec.131","sectionType":"section","heading":"Compensation","content":"### sec.131 Compensation\n\nA person may claim compensation from the authority if the person incurs loss or expense because of the exercise or purported exercise of a power under division 2 , 3 or 4 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under division 2 , 3 or 4 .\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nHowever, a court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n(sec.131-ssec.1) A person may claim compensation from the authority if the person incurs loss or expense because of the exercise or purported exercise of a power under division 2 , 3 or 4 .\n(sec.131-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under division 2 , 3 or 4 .\n(sec.131-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.131-ssec.4) However, a court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.","sortOrder":171},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2013 No. 51 s 20E","sortOrder":172},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2013 No. 51 s 20E","sortOrder":173},{"sectionNumber":"sec.134","sectionType":"section","heading":"Holders of office to act honestly and with propriety","content":"### sec.134 Holders of office to act honestly and with propriety\n\nThis section applies to a person who—\nis a director of a board; or\notherwise performs work for the authority.\nThe person must act honestly when exercising powers the person has in relation to the authority.\nMaximum penalty—40 penalty units.\nThe person must not make improper use of the office the person holds under this Act—\nto gain, directly or indirectly, an advantage for the person or another person; or\nto cause detriment to the authority.\nMaximum penalty—40 penalty units.\nA person must not make improper use of information acquired by the person holding or having held an office under this Act—\nto gain, directly or indirectly, an advantage for the person or another person; or\nto cause detriment to the authority.\nMaximum penalty—40 penalty units.\n(sec.134-ssec.1) This section applies to a person who— is a director of a board; or otherwise performs work for the authority.\n(sec.134-ssec.2) The person must act honestly when exercising powers the person has in relation to the authority. Maximum penalty—40 penalty units.\n(sec.134-ssec.3) The person must not make improper use of the office the person holds under this Act— to gain, directly or indirectly, an advantage for the person or another person; or to cause detriment to the authority. Maximum penalty—40 penalty units.\n(sec.134-ssec.4) A person must not make improper use of information acquired by the person holding or having held an office under this Act— to gain, directly or indirectly, an advantage for the person or another person; or to cause detriment to the authority. Maximum penalty—40 penalty units.\n- (a) is a director of a board; or\n- (b) otherwise performs work for the authority.\n- (a) to gain, directly or indirectly, an advantage for the person or another person; or\n- (b) to cause detriment to the authority.\n- (a) to gain, directly or indirectly, an advantage for the person or another person; or\n- (b) to cause detriment to the authority.","sortOrder":174},{"sectionNumber":"sec.135","sectionType":"section","heading":"Offence of improper disclosure of information","content":"### sec.135 Offence of improper disclosure of information\n\nA person who, directly or indirectly, records or discloses information obtained in the administration of this Act commits an offence, unless the disclosure is—\nauthorised or required by this or another Act; or\nmade in connection with the administration of this Act or a corresponding law; or\nmade with the consent of the person to whom the information relates; or\nordered by a court in relation to proceedings before it; or\nauthorised by the Minister; or\nmade with other lawful excuse.\nMaximum penalty—40 penalty units.\nWithout limiting subsection (1) , a person who receives information directly or indirectly from a reciprocating State is taken to have obtained the information in the administration of this Act.\nFor subsection (1) (e) , the Minister may, in writing, authorise a person to disclose information obtained in the administration of this Act for the purpose, and in the way, stated in the authority if the Minister considers it appropriate to do so.\nsharing industry and payroll data with other government agencies to facilitate compliance with this Act\nIn this section—\ncourt includes a tribunal, authority or person having power to require the production of documents or the answering of questions.\n(sec.135-ssec.1) A person who, directly or indirectly, records or discloses information obtained in the administration of this Act commits an offence, unless the disclosure is— authorised or required by this or another Act; or made in connection with the administration of this Act or a corresponding law; or made with the consent of the person to whom the information relates; or ordered by a court in relation to proceedings before it; or authorised by the Minister; or made with other lawful excuse. Maximum penalty—40 penalty units.\n(sec.135-ssec.2) Without limiting subsection (1) , a person who receives information directly or indirectly from a reciprocating State is taken to have obtained the information in the administration of this Act.\n(sec.135-ssec.3) For subsection (1) (e) , the Minister may, in writing, authorise a person to disclose information obtained in the administration of this Act for the purpose, and in the way, stated in the authority if the Minister considers it appropriate to do so. sharing industry and payroll data with other government agencies to facilitate compliance with this Act\n(sec.135-ssec.4) In this section— court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.\n- (a) authorised or required by this or another Act; or\n- (b) made in connection with the administration of this Act or a corresponding law; or\n- (c) made with the consent of the person to whom the information relates; or\n- (d) ordered by a court in relation to proceedings before it; or\n- (e) authorised by the Minister; or\n- (f) made with other lawful excuse.","sortOrder":175},{"sectionNumber":"sec.136","sectionType":"section","heading":"Protection of person from dismissal","content":"### sec.136 Protection of person from dismissal\n\nAn employer must not dismiss a person engaged by the employer because the person has given information under this Act to the authority or an authorised officer.\nMaximum penalty—40 penalty units.","sortOrder":176},{"sectionNumber":"pt.10","sectionType":"part","heading":"Proceedings for offences","content":"# Proceedings for offences","sortOrder":177},{"sectionNumber":"sec.137","sectionType":"section","heading":"Proceedings for offences","content":"### sec.137 Proceedings for offences\n\nA prosecution for an offence against this Act is by way of a summary proceeding before an industrial magistrate.\nA proceeding for an offence against this Act must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nA person dissatisfied with a decision of an industrial magistrate in a proceeding brought under subsection (1) who desires to appeal must appeal to the industrial court.\nThe Industrial Relations Act 2016 applies with any necessary changes to a proceeding before an industrial magistrate brought under subsection (1) and to a proceeding on appeal before the industrial court brought under subsection (3) .\nIn this section—\nperson dissatisfied , with a decision in a proceeding, means—\na party to the proceeding; or\na person bound by the decision; or\nif an authorised officer started the proceeding—any authorised officer.\ns 137 amd 2016 No. 63 s 1157 sch 6\n(sec.137-ssec.1) A prosecution for an offence against this Act is by way of a summary proceeding before an industrial magistrate.\n(sec.137-ssec.2) A proceeding for an offence against this Act must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.137-ssec.3) A person dissatisfied with a decision of an industrial magistrate in a proceeding brought under subsection (1) who desires to appeal must appeal to the industrial court.\n(sec.137-ssec.4) The Industrial Relations Act 2016 applies with any necessary changes to a proceeding before an industrial magistrate brought under subsection (1) and to a proceeding on appeal before the industrial court brought under subsection (3) .\n(sec.137-ssec.5) In this section— person dissatisfied , with a decision in a proceeding, means— a party to the proceeding; or a person bound by the decision; or if an authorised officer started the proceeding—any authorised officer.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) a party to the proceeding; or\n- (b) a person bound by the decision; or\n- (c) if an authorised officer started the proceeding—any authorised officer.","sortOrder":178},{"sectionNumber":"sec.138","sectionType":"section","heading":"Powers of industrial magistrate","content":"### sec.138 Powers of industrial magistrate\n\nFor this Act, an industrial magistrate has all the powers conferred on an industrial magistrate under the Industrial Relations Act 2016 , as far as the powers are appropriate for issues to be decided under this Act.\ns 138 amd 2016 No. 63 s 1157 sch 6","sortOrder":179},{"sectionNumber":"sec.139","sectionType":"section","heading":"Evidentiary certificates about returns","content":"### sec.139 Evidentiary certificates about returns\n\nIn a proceeding under this Act, or another Act prescribed under a regulation, a certificate signed by the general manager is evidence of any of the following matters stated in the certificate—\nthat the authority had, or had not, allowed a stated person an additional stated period to give the authority a return for a stated return period;\nthat a stated person had, or had not, given to the authority a return for a stated return period on or before a stated date.\nUnless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be a certificate under that subsection.\nIn this section—\nstated means stated in the certificate.\n(sec.139-ssec.1) In a proceeding under this Act, or another Act prescribed under a regulation, a certificate signed by the general manager is evidence of any of the following matters stated in the certificate— that the authority had, or had not, allowed a stated person an additional stated period to give the authority a return for a stated return period; that a stated person had, or had not, given to the authority a return for a stated return period on or before a stated date.\n(sec.139-ssec.2) Unless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be a certificate under that subsection.\n(sec.139-ssec.3) In this section— stated means stated in the certificate.\n- (a) that the authority had, or had not, allowed a stated person an additional stated period to give the authority a return for a stated return period;\n- (b) that a stated person had, or had not, given to the authority a return for a stated return period on or before a stated date.","sortOrder":180},{"sectionNumber":"sec.140","sectionType":"section","heading":"Evidentiary certificates about levy payments","content":"### sec.140 Evidentiary certificates about levy payments\n\nIn a proceeding under this Act, or another Act prescribed under a regulation, a certificate signed by the general manager is evidence of any of the following matters stated in the certificate—\nthat a stated levy amount was payable by a stated person for a stated return period;\nthat, on or before a stated date, a stated person had not paid to the authority a stated levy amount that was payable by the person for a stated return period;\nthat, on a stated date, a stated person paid to the authority a stated levy amount that was payable by the person for a stated return period.\nUnless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be a certificate under that subsection.\nIn this section—\nstated means stated in the certificate.\n(sec.140-ssec.1) In a proceeding under this Act, or another Act prescribed under a regulation, a certificate signed by the general manager is evidence of any of the following matters stated in the certificate— that a stated levy amount was payable by a stated person for a stated return period; that, on or before a stated date, a stated person had not paid to the authority a stated levy amount that was payable by the person for a stated return period; that, on a stated date, a stated person paid to the authority a stated levy amount that was payable by the person for a stated return period.\n(sec.140-ssec.2) Unless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be a certificate under that subsection.\n(sec.140-ssec.3) In this section— stated means stated in the certificate.\n- (a) that a stated levy amount was payable by a stated person for a stated return period;\n- (b) that, on or before a stated date, a stated person had not paid to the authority a stated levy amount that was payable by the person for a stated return period;\n- (c) that, on a stated date, a stated person paid to the authority a stated levy amount that was payable by the person for a stated return period.","sortOrder":181},{"sectionNumber":"sec.141","sectionType":"section","heading":"Other evidentiary certificates","content":"### sec.141 Other evidentiary certificates\n\nIn a proceeding under this Act, or another Act prescribed under a regulation, a certificate signed by the general manager is evidence of any of the following matters stated in the certificate—\na stated document is—\nan appointment or approval, or a copy of an appointment or approval; or\na record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\non a stated day, a stated person was or was not listed in the register of employers or the register of workers;\non a stated day, an application for registration as an employer under section 53 had, or had not, been received by the authority.\nUnless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be a certificate under that subsection.\nIn this section—\nstated means stated in the certificate.\n(sec.141-ssec.1) In a proceeding under this Act, or another Act prescribed under a regulation, a certificate signed by the general manager is evidence of any of the following matters stated in the certificate— a stated document is— an appointment or approval, or a copy of an appointment or approval; or a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act; on a stated day, a stated person was or was not listed in the register of employers or the register of workers; on a stated day, an application for registration as an employer under section 53 had, or had not, been received by the authority.\n(sec.141-ssec.2) Unless the contrary is proved, a document purporting to be a certificate under subsection (1) is taken to be a certificate under that subsection.\n(sec.141-ssec.3) In this section— stated means stated in the certificate.\n- (a) a stated document is— (i) an appointment or approval, or a copy of an appointment or approval; or (ii) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\n- (i) an appointment or approval, or a copy of an appointment or approval; or\n- (ii) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;\n- (b) on a stated day, a stated person was or was not listed in the register of employers or the register of workers;\n- (c) on a stated day, an application for registration as an employer under section 53 had, or had not, been received by the authority.\n- (i) an appointment or approval, or a copy of an appointment or approval; or\n- (ii) a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act;","sortOrder":182},{"sectionNumber":"sec.142","sectionType":"section","heading":"Other evidentiary provisions","content":"### sec.142 Other evidentiary provisions\n\nIn a proceeding under this Act, or another Act prescribed under a regulation—\nan appointment of a person under this Act may be presumed to be properly made unless a party, by reasonable notice, requires proof of the appointment; and\na signature purporting to be the signature of a person appointed under this Act is evidence of the signature it purports to be.\nIn a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n(sec.142-ssec.1) In a proceeding under this Act, or another Act prescribed under a regulation— an appointment of a person under this Act may be presumed to be properly made unless a party, by reasonable notice, requires proof of the appointment; and a signature purporting to be the signature of a person appointed under this Act is evidence of the signature it purports to be.\n(sec.142-ssec.2) In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n- (a) an appointment of a person under this Act may be presumed to be properly made unless a party, by reasonable notice, requires proof of the appointment; and\n- (b) a signature purporting to be the signature of a person appointed under this Act is evidence of the signature it purports to be.","sortOrder":183},{"sectionNumber":"sec.143","sectionType":"section","heading":"Penalties to be paid to authority","content":"### sec.143 Penalties to be paid to authority\n\nA penalty recovered as a result of a proceeding for an offence against this Act brought by the authority is payable to the authority.","sortOrder":184},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":185},{"sectionNumber":"sec.144","sectionType":"section","heading":"Arrangements with other States","content":"### sec.144 Arrangements with other States\n\nFor this Act, the Minister may enter into an agreement about making payments of long service leave to persons performing cleaning work in the contract cleaning industry in another State.\nWithout limiting the matters that may be provided for in the agreement, the agreement may provide for—\nthe exchange of information, about credits and entitlements to payment, between the authority and an entity in the other State with similar functions; and\nother matters relating to the payment of long service leave to persons covered by the agreement.\nThe agreement may be amended or repealed by a subsequent agreement under subsection (1) .\n(sec.144-ssec.1) For this Act, the Minister may enter into an agreement about making payments of long service leave to persons performing cleaning work in the contract cleaning industry in another State.\n(sec.144-ssec.2) Without limiting the matters that may be provided for in the agreement, the agreement may provide for— the exchange of information, about credits and entitlements to payment, between the authority and an entity in the other State with similar functions; and other matters relating to the payment of long service leave to persons covered by the agreement.\n(sec.144-ssec.3) The agreement may be amended or repealed by a subsequent agreement under subsection (1) .\n- (a) the exchange of information, about credits and entitlements to payment, between the authority and an entity in the other State with similar functions; and\n- (b) other matters relating to the payment of long service leave to persons covered by the agreement.","sortOrder":186},{"sectionNumber":"sec.145","sectionType":"section","heading":"Declaration about arrangements with other States","content":"### sec.145 Declaration about arrangements with other States\n\nA regulation may—\ndeclare a State for which an agreement under section 144 is in force to be a reciprocating State; and\ndeclare a law of the State to be a corresponding law for this Act.\nA declaration under subsection (1) (b) must not be made unless the law of the other State provides for the payment of long service leave to or for persons who are or have been performing cleaning work in the contract cleaning industry in the other State.\n(sec.145-ssec.1) A regulation may— declare a State for which an agreement under section 144 is in force to be a reciprocating State; and declare a law of the State to be a corresponding law for this Act.\n(sec.145-ssec.2) A declaration under subsection (1) (b) must not be made unless the law of the other State provides for the payment of long service leave to or for persons who are or have been performing cleaning work in the contract cleaning industry in the other State.\n- (a) declare a State for which an agreement under section 144 is in force to be a reciprocating State; and\n- (b) declare a law of the State to be a corresponding law for this Act.","sortOrder":187},{"sectionNumber":"sec.146","sectionType":"section","heading":"General manager’s power of delegation","content":"### sec.146 General manager’s power of delegation\n\nThe general manager may delegate all or any of the general manager’s powers under this Act to an appropriately qualified member of the Building and Construction Authority’s staff.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.\nthe level at which a person is employed within the Building and Construction Authority\n(sec.146-ssec.1) The general manager may delegate all or any of the general manager’s powers under this Act to an appropriately qualified member of the Building and Construction Authority’s staff.\n(sec.146-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. the level at which a person is employed within the Building and Construction Authority","sortOrder":188},{"sectionNumber":"sec.147","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.147 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the authority.\nIn this section—\nofficial means—\nthe Minister; or\na director of the board; or\nthe general manager; or\nan authorised officer; or\nanother person involved in the administration of this Act.\n(sec.147-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.147-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the authority.\n(sec.147-ssec.3) In this section— official means— the Minister; or a director of the board; or the general manager; or an authorised officer; or another person involved in the administration of this Act.\n- (a) the Minister; or\n- (b) a director of the board; or\n- (c) the general manager; or\n- (d) an authorised officer; or\n- (e) another person involved in the administration of this Act.","sortOrder":189},{"sectionNumber":"sec.148","sectionType":"section","heading":"Authority may indemnify person administering Act","content":"### sec.148 Authority may indemnify person administering Act\n\nThe authority may indemnify a person, engaged in giving effect to this Act, for the reasonable costs associated with defending a criminal proceeding, if the person is found not guilty of the offence to which the proceeding relates.","sortOrder":190},{"sectionNumber":"sec.149","sectionType":"section","heading":"Approved forms","content":"### sec.149 Approved forms\n\nThe general manager may approve forms for use under this Act.","sortOrder":191},{"sectionNumber":"sec.150","sectionType":"section","heading":"Regulation-making power","content":"### sec.150 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made imposing a penalty, not exceeding 20 penalty units, for a contravention of a regulation.\n(sec.150-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.150-ssec.2) Without limiting subsection (1) , a regulation may be made imposing a penalty, not exceeding 20 penalty units, for a contravention of a regulation.","sortOrder":192},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":193},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 21 of 2005","content":"## Transitional provisions for Act No. 21 of 2005","sortOrder":194},{"sectionNumber":"sec.151","sectionType":"section","heading":"Relationship with other Acts, awards etc.","content":"### sec.151 Relationship with other Acts, awards etc.\n\nA right or entitlement to long service leave a registered worker has or may have under this Act does not limit any right or entitlement the person has or may have under another Act or industrial instrument.\nSection 74 (Long service leave not payable in particular cases) prevents a registered worker from taking, or being paid for, an entitlement under this Act if the registered worker has already taken, or been paid for, the entitlement under another Act or industrial instrument.\ns 151 amd 2009 No. 49 s 22 ; 2010 No. 42 s 214 sch","sortOrder":195},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 exp 1 July 2010 (see s 152(4))","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":"Initial proposed budget for 2005-2006 financial year","content":"### sec.153 Initial proposed budget for 2005-2006 financial year\n\nBefore 1 August 2005, the authority must give the Minister the details of its proposed budget for the remainder of the 2005-2006 financial year.\nA budget given to the Minister under subsection (1) is to be dealt with as if it were given to the Minister under section 41(1).\n(sec.153-ssec.1) Before 1 August 2005, the authority must give the Minister the details of its proposed budget for the remainder of the 2005-2006 financial year.\n(sec.153-ssec.2) A budget given to the Minister under subsection (1) is to be dealt with as if it were given to the Minister under section 41(1).","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":"Registration as an employer if employer at commencement","content":"### sec.154 Registration as an employer if employer at commencement\n\nThis section applies if a person is an employer at the commencement of section 53 or becomes an employer within 28 days after the commencement.\nDespite section 53(1), the person need not comply with that subsection until 35 days after the commencement.\n(sec.154-ssec.1) This section applies if a person is an employer at the commencement of section 53 or becomes an employer within 28 days after the commencement.\n(sec.154-ssec.2) Despite section 53(1), the person need not comply with that subsection until 35 days after the commencement.","sortOrder":198},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009","content":"## Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009","sortOrder":199},{"sectionNumber":"sec.155","sectionType":"section","heading":"Definition for div 2","content":"### sec.155 Definition for div 2\n\nIn this division—\namending Act means the Electrical Safety and Other Legislation Amendment Act 2009 .\ns 155 ins 2009 No. 38 s 25","sortOrder":200},{"sectionNumber":"sec.156","sectionType":"section","heading":"Notices published in industrial gazette","content":"### sec.156 Notices published in industrial gazette\n\nThis section applies if, before the commencement, a notice was published in the industrial gazette as permitted by section 18 as in force before the commencement.\nThe notice continues to have been published for section 18 after the commencement despite the amendment of that section by the amending Act.\nIn this section—\ncommencement means the commencement of this section.\nindustrial gazette means the Queensland Government Industrial Gazette.\ns 156 ins 2009 No. 38 s 25\n(sec.156-ssec.1) This section applies if, before the commencement, a notice was published in the industrial gazette as permitted by section 18 as in force before the commencement.\n(sec.156-ssec.2) The notice continues to have been published for section 18 after the commencement despite the amendment of that section by the amending Act.\n(sec.156-ssec.3) In this section— commencement means the commencement of this section. industrial gazette means the Queensland Government Industrial Gazette.","sortOrder":201},{"sectionNumber":"sec.157","sectionType":"section","heading":"Returns and levy for a return period","content":"### sec.157 Returns and levy for a return period\n\nThe amendments of sections 62 and 63 by the amending Act apply only in relation to a return period that commences on or after the commencement of this section.\ns 157 ins 2009 No. 38 s 25","sortOrder":202},{"sectionNumber":"sec.158","sectionType":"section","heading":"Civil penalty","content":"### sec.158 Civil penalty\n\nThe amendment of section 65 by the amending Act applies only to a failure to give a return, or to pay an amount of levy, for a return period that commences on or after the commencement of this section.\ns 158 ins 2009 No. 38 s 25","sortOrder":203},{"sectionNumber":"sec.159","sectionType":"section","heading":"Retrospective service credits","content":"### sec.159 Retrospective service credits\n\nThis section applies if a registered worker, or a person who applies to become a registered worker, performs previously excluded cleaning work on or after this commencement.\nThis section applies whether or not the engagement to perform the previously excluded cleaning work started before or after this commencement.\nThe registered worker or person may apply to the authority under section 69 for credit for retrospective service credits in relation to the previously excluded cleaning work.\nFor subsection (3), sections 69 and 70 apply as if a reference in those sections to the commencement of the section were a reference to this commencement.\nIn this section—\npreviously excluded cleaning work means cleaning work that would not have been cleaning work in the contract cleaning industry before this commencement.\nthis commencement means the commencement of this section.\ns 159 ins 2009 No. 38 s 25\n(sec.159-ssec.1) This section applies if a registered worker, or a person who applies to become a registered worker, performs previously excluded cleaning work on or after this commencement.\n(sec.159-ssec.2) This section applies whether or not the engagement to perform the previously excluded cleaning work started before or after this commencement.\n(sec.159-ssec.3) The registered worker or person may apply to the authority under section 69 for credit for retrospective service credits in relation to the previously excluded cleaning work.\n(sec.159-ssec.4) For subsection (3), sections 69 and 70 apply as if a reference in those sections to the commencement of the section were a reference to this commencement.\n(sec.159-ssec.5) In this section— previously excluded cleaning work means cleaning work that would not have been cleaning work in the contract cleaning industry before this commencement. this commencement means the commencement of this section.","sortOrder":204},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020","content":"## Transitional provisions for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020","sortOrder":205},{"sectionNumber":"sec.160","sectionType":"section","heading":"Application of division","content":"### sec.160 Application of division\n\nThis division applies on the expiry of part 6A.\ns 160 ins 2020 No. 16 s 56","sortOrder":206},{"sectionNumber":"sec.161","sectionType":"section","heading":"Continued operation of expired pt 6A","content":"### sec.161 Continued operation of expired pt 6A\n\nThis section applies if, before the expiry of part 6A—\nan application for payment of long service leave was made under expired section 81D but not decided under expired section 81E; or\nan application for payment of long service leave was approved under expired section 81E but the payment was not made to the applicant.\nExpired part 6A continues to apply for the purpose of the authority—\nif subsection (1)(a) applies—\ndeciding the application under expired section 81E; and\nif the application is approved, making the payment under expired section 81E; or\nif subsection (1)(b) applies—making the payment.\nIn this section—\nexpired , in relation to a provision of part 6A, means as in force immediately before the expiry of part 6A.\ns 161 ins 2020 No. 16 s 56\n(sec.161-ssec.1) This section applies if, before the expiry of part 6A— an application for payment of long service leave was made under expired section 81D but not decided under expired section 81E; or an application for payment of long service leave was approved under expired section 81E but the payment was not made to the applicant.\n(sec.161-ssec.2) Expired part 6A continues to apply for the purpose of the authority— if subsection (1)(a) applies— deciding the application under expired section 81E; and if the application is approved, making the payment under expired section 81E; or if subsection (1)(b) applies—making the payment.\n(sec.161-ssec.3) In this section— expired , in relation to a provision of part 6A, means as in force immediately before the expiry of part 6A.\n- (a) an application for payment of long service leave was made under expired section 81D but not decided under expired section 81E; or\n- (b) an application for payment of long service leave was approved under expired section 81E but the payment was not made to the applicant.\n- (a) if subsection (1)(a) applies— (i) deciding the application under expired section 81E; and (ii) if the application is approved, making the payment under expired section 81E; or\n- (i) deciding the application under expired section 81E; and\n- (ii) if the application is approved, making the payment under expired section 81E; or\n- (b) if subsection (1)(b) applies—making the payment.\n- (i) deciding the application under expired section 81E; and\n- (ii) if the application is approved, making the payment under expired section 81E; or","sortOrder":207}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":787},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing portable long service leave for contract cleaning workers in Queensland. While it includes detailed administrative machinery (Authority establishment, board composition, enforcement powers), these are necessary implementation mechanisms rather than scope creep. The 2020 COVID-19 emergency provisions (secs.81A-81H) were temporary and have expired."},"complexity_factors":["Multiple nested definitions of 'worker' with 5 categories of inclusion and 5 explicit exclusions (sec.9)","Cross-references to federal tax law (Income Tax Assessment Act 1997) for contractor status","Complex service crediting rules with exceptions for injury, dismissal, and retrospective credits (secs.59-61, 69)","Three-tier appeal system with different time limits and jurisdictions (Part 8)","Detailed warrant and entry powers for authorised officers with electronic application procedures (secs.107-113)","Mathematical formulas for calculating leave payments involving 'moderated wages' and classification levels (sec.73)","Interplay with other Queensland industrial relations legislation and potential 'corresponding laws' from other states","Multiple transitional provisions with expiry dates and conditional application (Part 12)","Board governance rules with quorum requirements, conflict provisions, and casting vote mechanics (secs.23-30)","Levy calculation with compound interest, remission powers, and debt recovery mechanisms (secs.82-88)"],"plain_english_summary":"This Queensland Act creates a **portable long service leave scheme** for workers in the contract cleaning industry. Here's what it does:\n\n**The big idea**\nNormally, long service leave (paid time off after working for the same employer for many years) is tied to one employer. If you change jobs, you lose it. This Act makes long service leave **portable** — it follows the worker from job to job in the cleaning industry.\n\n**Who it covers**\n- **Workers**: People who actually do cleaning work (not managers, clerical staff, or certain contractors who supply their own equipment). Includes supervisors who also clean.\n- **Employers**: Companies or people who hire cleaners (excluding government bodies and certain director-only companies).\n- **Cleaning work**: Bringing premises or public spaces into, or keeping them in, a clean condition — but excludes pool cleaning, gardening, and commercial waste removal.\n\n**How it works**\n1. **Registration**: Workers and employers must register with the **Contract Cleaning Industry (Portable Long Service Leave) Authority** — a government body corporate that runs the scheme.\n2. **Levy**: Employers pay a percentage of workers' wages as a levy (like a tax) to fund the scheme.\n3. **Service credits**: Workers accrue \"days of service\" in a central register. Even if they work just one day in a 3-month period, they get credit for the whole period.\n4. **Payment**: After **10 years** (3,650 days) of credited service, workers can claim **8.67 weeks** of paid leave. They can also claim a **pro-rata payment** after 7 years (2,555 days) if they permanently leave the industry or die.\n\n**Key protections**\n- Workers keep their entitlements when changing employers.\n- If an employer goes bust, the Authority can still pay workers.\n- Employers who already paid leave can get reimbursed by the Authority.\n- The scheme works across state borders through agreements with other states.\n\n**Enforcement**\nAuthorised officers can inspect employer premises, seize evidence of offences, and require records. There are civil and criminal penalties for non-compliance, plus a three-tier appeal system (internal reconsideration, industrial magistrate, then industrial commission/court)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4 (ssec.3 and ssec.4)","severity":"medium","reasoning":"The Act imposes employer obligations universally but gates worker entitlements on registration. This means an employer can pay levies for an unregistered worker who receives no corresponding entitlement, creating a scheme where funds are collected with no corresponding liability to pay them out to that worker.","confidence":0.75,"description":"The Act creates a paradox regarding unregistered workers: employers face obligations whether or not registered (s.4(3)), but entitlements generally only accrue to registered workers (s.4(4)). An employer can be penalised for failing to comply with levy and return obligations for workers who receive no benefit from those obligations if they are unregistered."},{"type":"circular_definition","section":"sec.54 (ssec.1)","severity":"medium","reasoning":"The court is empowered to make an order under s.54(1) upon finding guilt of 'an offence against subsection (2) or section 53(1)'. But s.54(2) creates an offence of non-compliance with an order made under s.54(1). The court cannot find guilt under s.54(2) before having first made an order under s.54(1), so the reference to s.54(2) as a trigger for an order under s.54(1) is logically circular and appears to be a drafting error.","confidence":0.82,"description":"Section 54(1) refers to 'an offence against subsection (2)', but subsection (2) is the provision being introduced by section 54 itself and creates the offence of failing to comply with a court order made under subsection (1). This is circular: a court cannot find a person guilty of failing to comply with a court order that has not yet been made, as the predicate for the court order is a finding of guilt under s.53(1) or s.54(2)."},{"type":"other","section":"sec.60 (ssec.3)","severity":"medium","reasoning":"The provision says service credits continue until 'the worker engages in employment' without limiting this to employment in the contract cleaning industry. A worker who takes any job, even part-time or in an entirely different industry, would immediately lose the accrual of injury credits, incentivising workers to remain unemployed.","confidence":0.72,"description":"A worker injured on the job must be credited with service 'until the worker engages in employment'. However, if the worker engages in any employment (not necessarily cleaning work), service credits cease. This means a worker who recovers and takes any casual job unrelated to cleaning loses their injury service credit entitlement, which is anomalous and potentially punitive of rehabilitation."},{"type":"other","section":"sec.61 (ssec.2)","severity":"low","reasoning":"While administratively convenient, this provision systematically and intentionally undercredits workers in leap years. It is a minor absurdity in that it explicitly acknowledges the inequity but imposes it regardless.","confidence":0.78,"description":"The Act caps crediting at 365 days per financial year 'even if a particular financial year has 366 days'. This means a worker who works every day in a leap year is penalised by 1 day's service credit relative to what they actually worked, with no compensatory mechanism."},{"type":"other","section":"sec.49 (ssec.3)","severity":"low","reasoning":"The boundary condition at the exact start of a financial year creates interpretive uncertainty: when registration day falls on the first day of a financial year, it is unclear whether that financial year is 'before' the registration day or contemporaneous with it, potentially shifting the lookback window by a full year.","confidence":0.55,"description":"The provision states the authority 'must not nominate a day earlier than the start of the financial year that is the second last full financial year before the person's registration day, unless the authority is satisfied special circumstances exist'. The worked example states that for a registration day of 1 February 2009, the earliest date is 1 July 2006. However, the 'second last full financial year before' 1 February 2009 would be the financial year 2006-2007 (since 2007-2008 is the last full financial year before 1 February 2009 and 2006-2007 is the second last), making the start of that year 1 July 2006. The second example states that for a registration day of 1 July 2009 the earliest date is 1 July 2007, meaning the 'second last full financial year before' 1 July 2009 starts on 1 July 2007. But 1 July 2009 is the first day of the 2009-2010 financial year, making 2008-2009 the last full financial year before it (just ended) and 2007-2008 the second last, starting 1 July 2007. This is internally consistent in the examples but creates an ambiguity for dates at or around financial year boundaries as to whether a financial year that has just ended counts as 'before' the registration day."},{"type":"other","section":"sec.50 (ssec.3) and sec.50 (ssec.4)","severity":"low","reasoning":"The mechanics of immediate cancellation following payment are unclear: the payment triggers the cancellation, but the cancellation extinguishes entitlements. Since the payment has already been made, the practical effect is coherent, but the drafting suggests entitlements are extinguished at the time of removal even though the trigger for removal was exercise of the entitlement.","confidence":0.6,"description":"When a long service leave payment is made under s.72(2)(a), the authority must 'immediately' cancel the person's registration and remove their name from the register, and simultaneously the person is 'not entitled to apply for or be paid long service leave for any days' service credited... at the time of the removal'. However, the payment itself under s.72(2)(a) is a payment for long service leave. The cancellation and removal appears to occur after payment, but s.50(4)(b) then strips entitlements retrospectively as of the time of removal, creating an unclear relationship between the payment just made and the entitlements just extinguished."},{"type":"other","section":"sec.32","severity":"medium","reasoning":"Tying the identity of the general manager to an appointment made for a different statutory body creates a structural dependency that could leave the authority without a general manager if the Building and Construction Authority's appointment lapses or is vacant, with no fallback mechanism provided.","confidence":0.7,"description":"The general manager of the Contract Cleaning Industry Authority is defined as 'the person appointed as the general manager of the Building and Construction Authority'. This means the Contract Cleaning Industry Authority has no independent ability to appoint its own general manager and is entirely dependent on an appointment made for a separate statutory body. If the Building and Construction Authority has no general manager, the Contract Cleaning Industry Authority also has none, potentially leaving it without management."},{"type":"other","section":"sec.62 (ssec.5) and sec.63 (ssec.6)","severity":"medium","reasoning":"The 5-day threshold for unregistered workers combined with the portability purpose of the Act creates a structural loophole: employers can engage unregistered workers for up to 4 days per return period with no reporting or levy obligation, undermining the scheme's coverage objectives.","confidence":0.68,"description":"The definition of 'worker' for the purposes of returns (s.62) and levy payments (s.63) excludes a worker who: is not a registered worker, was not recorded in the previous return, and performed work for less than 5 days. All three conditions must be satisfied for exclusion. This means an unregistered worker who worked 4 days and was not in the previous return need not be reported or levied. However, s.4(3) states employer obligations apply whether or not the employer is registered, and s.4(4) states entitlements only accrue to registered workers. The exemption for very short-term unregistered workers is coherent in isolation, but creates an incentive for employers to keep unregistered workers on short engagements to avoid levy obligations entirely."}],"contradictions":[{"severity":"low","section_a":"sec.3","section_b":"sec.8 (ssec.2)(a) and (b)","confidence":0.65,"description":"Section 3 states the Act 'binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth'. However, section 8(2) expressly excludes the Commonwealth and the State from the definition of 'employer', meaning neither the Commonwealth nor the State are subject to the employer obligations under the Act despite the binding provision. The Act binds them but imposes no employer obligations on them."},{"severity":"medium","section_a":"sec.9 (ssec.1)(c)","section_b":"sec.9 (ssec.1)(b)","confidence":0.6,"description":"Section 9(1)(b) includes as a worker any individual engaged 'for labour only or substantially for labour only' under any contract or at piecework rates. Section 9(1)(c) then includes individuals under any contract who perform cleaning work unless they meet the independent contractor exclusion criteria (result-based pay, own equipment, liability for defects). An individual who performs cleaning work for labour only under a piecework arrangement could simultaneously fall within both s.9(1)(b) and be caught by s.9(1)(c), with s.9(1)(c)'s exclusion potentially applying to exclude them despite s.9(1)(b) including them. The relationship and priority between these two inclusions is not resolved."},{"severity":"low","section_a":"sec.13 (ssec.3)","section_b":"sec.31","confidence":0.5,"description":"Section 13(3) states the authority 'does not represent the State'. Section 31 states 'Subject to the Minister, the authority administers this Act'. Subjecting the authority's administration to ministerial direction while simultaneously asserting it does not represent the State creates a structural tension: the authority is subject to State executive control via the Minister but is legally separated from the State. This is not uncommon for statutory bodies but the combination of ministerial control with a statement of non-representation creates an ambiguity about accountability."},{"severity":"low","section_a":"sec.17 (ssec.1)","section_b":"sec.17 (ssec.3)","confidence":0.55,"description":"Section 17(1) provides for a board of 'not more than 8 directors' consisting of: 1 chairperson, 1 deputy chairperson, 2 or 3 employer representatives, and 2 or 3 worker representatives. If 3 employer and 3 worker representatives are appointed, the total is 8. Section 17(3) requires the number of employer and worker representatives to be equal. However, since 2 or 3 of each may be appointed, and the numbers must be equal, the board will have either 6 or 8 directors in total (2+2+2 or 2+3+3). The provision for 'not more than 8' is consistent, but the flexibility to have 2 or 3 of each category means the board composition can vary in ways that could affect quorum and voting dynamics without any provision for how the choice of 2 or 3 is made."},{"severity":"medium","section_a":"sec.50 (ssec.1)(b)","section_b":"sec.50 (ssec.5)","confidence":0.7,"description":"Section 50(1)(b) allows the authority to cancel registration if a person 'has not, for at least 4 consecutive years, been credited with service'. Section 50(5) states cancellation 'does not prevent a person whose name has been removed from the register of workers under this section from subsequently becoming a registered worker'. A person whose registration was cancelled for inactivity can re-register, but s.61(1) prohibits crediting service before the registration day. This means periods of work before re-registration are lost even if the worker worked continuously during the gap, creating a potential injustice for workers who were cancelled for administrative inactivity but continued working."},{"severity":"high","section_a":"sec.60 (ssec.1)","section_b":"sec.62 (ssec.5) and sec.63 (ssec.6)","confidence":0.78,"description":"Section 60(1) requires a worker to be credited with 1 day's service for each day in a return period if the worker performs any cleaning work in that period. However, sections 62(5) and 63(6) exclude from 'worker' for return and levy purposes any unregistered worker who worked fewer than 5 days and was not in the previous return. If such a worker is not reported, the authority will have no information from which to credit the service required by s.60(1), making compliance with s.60(1) practically impossible for short-term unregistered workers and creating a contradiction between the crediting obligation and the reporting exclusion."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated purpose: establishing a portable long service leave scheme for the Queensland contract cleaning industry. The definitions, governance structure, registration requirements, service crediting rules, and levy mechanisms all serve this core purpose. The 2009 and 2020 amendments refined definitions and expanded administrative linkages but did not materially broaden or narrow the fundamental scope."},"complexity_factors":["Multiple interacting registration regimes (workers and employers) with different rules for each","Complex definition of 'worker' with multiple inclusion and exclusion categories, including cross-references to federal tax law (Income Tax Assessment Act 1997)","Service crediting rules involve nuanced calculations about return periods, engagement periods, and interaction with corresponding laws in other jurisdictions","Levy calculation system referenced but not fully reproduced in this excerpt, requiring cross-referencing with other sections","Detailed governance structure for the Authority (board composition, quorum rules, conflict of interest, decision-making procedures)","Interaction with multiple other Acts (Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Workers' Compensation and Rehabilitation Act, Community Services Industry Act)","Backdating provisions with conditional caps and 'special circumstances' discretion add interpretive uncertainty","Multiple penalty regimes and court order mechanisms layered throughout","Exclusions from both 'employer' and 'worker' definitions require careful case-by-case analysis","Portability across jurisdictions via 'corresponding law' concept adds cross-border complexity"],"plain_english_summary":"This law establishes a portable long service leave scheme for Queensland contract cleaners, so leave entitlements follow the worker across different cleaning employers. Employers must register and pay levies into a fund run by a new authority; workers register to accrue service and claim paid long service leave from that fund. It matters because cleaners who frequently change employers—often low‑paid or casual—can no longer lose long service leave when contracts change hands."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s core purpose remains portable long service leave for contract cleaning workers (sec 4). However, subsequent amendments and additions have broadened administrative, financial and inter‑jurisdictional scope beyond a simple register-and-pay model. Notable scope expansions include: linking authority funds and permitted payments to another portable scheme (Community Services Industry (Portable Long Service Leave) Act 2020) so funds may be applied across related schemes (sec 40); detailed actuarial and levy‑setting machinery requiring periodic actuarial reports and ministerial budget oversight (sec 42, 41); expanded enforcement and information‑sharing powers (authorised officers, warrants, inter‑State agreements — secs 101–121, 144–145, 135); and temporary emergency provisions inserted and expired (COVID‑19 related pt 12 provisions, secs 81A–81H insertions and transitional rules secs 160–161). These changes increase the Act’s administrative footprint, financial interdependence with other portable leave schemes, and regulatory complexity compared with its original, narrower portability objective."},"complexity_factors":["Multiple defined and cross‑referenced terms (e.g. ‘worker’, ‘engagement period’, ‘return period’, references to schedule 2 for definitions)","Extensive cross‑references to other Acts and instruments (Industrial Relations Act 2016, Corporations Act, Income Tax Assessment Act references)","Numerous conditional rules and nested exceptions (e.g. who counts as a worker, exclusions for managerial/clerical staff, personal services business determinations)","Multiple decision‑layers and appeals: internal reconsideration, industrial magistrate, industrial commission (for certain decisions), and limited industrial court appeals (secs 91–100)","Complex levy and payment mechanics including moderated wages formula, actuarial review, and recurring levy regulation (secs 73, 42, 83)","Detailed authorised officer powers with warrant procedures, electronic application pathway and seizure/forfeiture rules (secs 109–116, 111)","Varied penalty regimes (criminal offences, civil penalties, pecuniary debts, interest calculations) with different maxima and recovery methods (secs 65, 87, 137, 88)","Transitional and amendment history embedded in the text (retrospective credits, COVID‑19 temporary provisions, later links to Community Services Act) requiring attention to commencement and expiry dates (secs 69–70, 153–161)","Board governance detail (composition limits, disqualifications, quorum rules) combined with Ministerial budget approval (secs 17–22, 41)","Administrative discretion couched in broad terms (authority may decide ordinary wages, grant exemptions, remit penalties), increasing interpretive complexity (secs 64, 68, 65(6))"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a statutory authority — the Contract Cleaning Industry (Portable Long Service Leave) Authority — to run a portable long service leave scheme specifically for workers in the contract cleaning industry in Queensland (secs 13–15, 14).  The authority is a corporate body with a board, staff support, borrowing and investment powers (secs 13, 15, 16–39, 40).\n\n- Requires employers who engage cleaning workers in the industry to register and to submit periodic returns and pay a levy (secs 53, 62–63).  The levy is a percentage of each worker’s ordinary wages (secs 82–83).  Employers must keep detailed records for each worker (sec 66) and may face civil penalties or criminal proceedings if they fail to lodge returns or pay levies (secs 65, 137).\n\n- Requires a register of workers. A person becomes a registered worker either by applying (secs 46–47) or by being entered by the authority on the authority’s information (sec 48).  Only registered workers generally accrue entitlements in the register (sec 4(4), 61).\n\n- Credits service in “return periods”: if a registered worker performs any cleaning work during a return period they are credited with every day in that return period for the register (sec 60).  A full long service entitlement accrues at 3,650 days’ credited service (8.67 weeks per 3,650 days) with pro rata payments for other amounts (secs 72, 73).  The authority calculates payments using moderated wages and a formula set out in the Act (sec 73).\n\n- Allows retrospective credits (limited) for eligible pre‑commencement service and for previously excluded work under specified transitional rules (secs 69–70, 159).  Employers who already paid a worker’s long service entitlement may recover an amount from the authority (sec 75).\n\n- Gives the authority enforcement powers: require information, investigate returns and wages, assess unpaid levies, issue notices for unpaid amounts, appoint agents to collect levies, apply interest, and use authorised officers with entry, search and seizure powers (secs 58, 62–68, 82–91, 101–125).  There are appeal and review routes (internal reconsideration, industrial magistrate, industrial commission, and limited appeal to the industrial court) (pts 8 and secs 91–100).\n\n- Provides administrative controls and oversight: the Minister approves the authority’s budget (sec 41), the board is composed of employer and worker representatives plus a chair and deputy with specific qualifications (sec 17), actuarial review of funds and levy rate is required at least every two years (sec 42), and the authority’s funds may only be applied to leave payments, administration, borrowings and authorised payments (sec 40).\n\n**Who it affects**\n\n- Primary beneficiaries: registered contract cleaning workers in Queensland who accrue portable long service leave entitlements recorded in the authority’s register (secs 4, 44–49, 72–73).\n- Payers: employers in the contract cleaning industry — they must register, keep records, lodge returns and pay the levy based on workers’ ordinary wages (secs 8, 53, 62–63, 66, 82–83).\n- The Authority, its board and staff: charged with running the scheme and exercising investigatory and enforcement powers (pts 3, 9).\n- Courts and tribunals: industrial magistrates, the industrial commission and the industrial court are involved in appeals and prosecutions (pts 8, 10, 137).\n\n**Why it matters (official rationale, then tested against trade‑offs)**\n\nOfficial rationale: the Act creates a portable scheme so cleaning workers keep accruing long service leave when they move between employers in the industry, with a central fund financed by a payroll levy to ensure payment (sec 4).  The authority’s stated primary function is to provide an equitable and efficient system of portable long service leave and promote industry compliance (sec 14).\n\nTesting that rationale against costs, incentives and implementation issues:\n\n- Who pays and incentive effects: employers fund the scheme through a wage‑based levy (secs 63, 82–83).  This spreads the cost across employers in the industry but increases labour cost per worker.  Employers face compliance costs (registration, returns every return period, record‑keeping for 6 years — sec 66, returns due within 14 days after return period — sec 62).  Small or marginal firms may find the administrative burden and levy more significant, which could affect prices or contracting choices (secs 53, 62, 66, 63).\n\n- Concentrated benefits vs diffuse cost: the benefit (portable leave payments) accrues to registered workers (concentrated), while the levy is spread across many employers (diffuse).  This structure creates political and economic pressure to keep the levy rate low, but statutory actuarial review obligations mean the authority must examine fund adequacy at least every 2 years and report on levy rate (sec 42).  Underestimating the levy risks fund shortfalls; overestimating creates opportunity cost (levies held as funds rather than used in the private sector) (secs 40, 42).\n\n- Compliance and enforcement trade‑offs: the Act gives the authority broad powers to require returns and documents, to assess additional levy amounts, to charge interest, and to use authorised officers with entry, search and seizure powers (secs 58, 62, 63, 68, 84, 87, 101–121).  These powers help enforcement but raise compliance and operational costs and require administrative capacity to apply fairly.  Several provisions give the authority discretion (e.g. to grant exemptions, revoke them, decide ordinary wage amounts, nominate start dates for registration and retrospective credits) — these are necessary for practical operation but concentrate significant decision‑making in the authority (secs 64, 68, 49, 69).\n\n- Governance and capture risk: the board must include employer and worker representatives in equal numbers and a deputy chair with financial/management experience (sec 17).  That design increases industry input into decisions but creates the ordinary risk that board members seek to advance sectoral interests (e.g. minimise levy or direct funds).  The Act limits some risks via actuarial review and Ministerial budget approval (secs 42, 41).\n\n- Inter‑jurisdictional and operational complexity: the Act anticipates reciprocity with other States and coordinated payments through agreements and regulations (secs 78–79, 144–145).  That is necessary for portability across State borders but adds legal and administrative complexity and requires information exchange arrangements (sec 144).\n\n- Legal and administrative safeguards: appeal routes (internal reconsideration, industrial magistrate, industrial commission, limited appeal to industrial court) provide review (secs 91–100).  Penalties and civil penalties are calibrated (various maxima), and authorised officers’ warrant and entry powers are subject to judicial oversight (secs 109–113, 65, 84, 115).  Privacy/confidentiality rules and offences for improper disclosure protect data (sec 135).\n\n**Concrete behavioural effects**\n\n- Employers: must register quickly (sec 53), keep records (sec 66), lodge returns and pay levies (secs 62–63) — failure risks civil penalties, interest and prosecution (secs 65, 87, 137).  Employers may restructure contracting or staffing to manage levy costs (economic effect).\n\n- Workers: must be registered to accrue entitlements (secs 44–49, 61).  Workers who move between employers within the industry keep building entitlements in the central register (secs 60, 72).  Some workers can apply for retrospective credits under limits (secs 69–70).\n\n- The Authority: decides registration dates, retrospective credits, reasonable wage values where returns look incorrect, exemptions, and enforces compliance (secs 49, 68, 64, 58).  The Minister has budgetary oversight (sec 41) and the board sets commercial policy (sec 16).\n\n**Key statutory references (sample)**\n- Levy obligation and calculation: secs 62–63, 82–83\n- Worker registration and crediting rules: secs 46–50, 59–61, 69–70\n- Payment calculation and entitlements: secs 72–75, 73 (payment formula)\n- Enforcement, inspection and warrants: secs 58, 84, 109–116\n- Governance, board composition and budget oversight: secs 16–22, 41\n\n(Where I quote a section above the number in parentheses is the section cited.)"}},"importantCases":[],"_links":{"self":"/api/acts/contract-cleaning-industry-portable-long-service-leave-act-2005","history":"/api/acts/contract-cleaning-industry-portable-long-service-leave-act-2005/history","analysis":"/api/acts/contract-cleaning-industry-portable-long-service-leave-act-2005/analysis","conflicts":"/api/acts/contract-cleaning-industry-portable-long-service-leave-act-2005/conflicts","importantCases":"/api/acts/contract-cleaning-industry-portable-long-service-leave-act-2005/important-cases","documents":"/api/acts/contract-cleaning-industry-portable-long-service-leave-act-2005/documents"}}