19Cancellation or suspension of registration

#### 19 Cancellation or suspension of registration 19 Cancellation or suspension of registration > > (1) In this section, non-service day, in respect of a registered worker, means a day in respect of which the worker did not accumulate a service credit (not being a day prescribed by the regulations as a day to be disregarded in calculations made under subsection (1A) or (1B) in respect of the worker). > > > (1A) The Corporation is to cancel the registration of a registered worker who has not been credited with at least 5 years’ service in the register of workers if non-service days amounting to 4 years have elapsed since the last date in respect of which the worker was credited with service under this Act or in a record of building and construction workers kept under a corresponding law. > > > (1B) The Corporation may suspend the registration of a registered worker who has been credited with at least 5 years’ service in the register of workers if non-service days amounting to 4 years have elapsed since the last date in respect of which the worker was credited with service under this Act or in a record of building and construction workers kept under a corresponding law. > > > (2) The Corporation may at any time cancel the registration of a registered worker if it is satisfied that the person concerned is not a worker and that the person’s application to become a registered worker should have been refused. > > > (2A) The Corporation is to cancel the registration of a worker— > > > > > (a) on the making of any payment in accordance with section 28 (1) (c), (d) or (e), or section 28 (2), in respect of the worker, or > > > > > (b) at the request of the worker. > > > (3) The cancellation of the registration of a registered worker under subsection (1A) or (2) takes effect— > > > > > (a) on the expiration of the period of 42 days after the Corporation notifies the registered worker of the cancellation, or > > > > > (b) if an appeal under Part 6 is lodged against the cancellation within that period—on the date the appeal is withdrawn or the cancellation is confirmed. > > > (4) On the cancellation of the registration of a worker taking effect— > > > > > (a) the person ceases to be a registered worker, and > > > > > (b) the person or the personal representative of the person is not entitled to apply for or be paid any long service payment in respect of any days’ service then credited to the person in the register of workers. > > > (5) A person whose registration has been cancelled in accordance with this section may (if eligible) subsequently be registered as a worker. > > > (6) The Corporation may— > > > > > (a) restore a suspended registration at any time, or > > > > > (b) restore a cancelled registration— > > > > > > > (i) at any time within 6 years after the date of cancellation, if the Corporation is satisfied that special circumstances exist warranting reinstatement, or > > > > > > > (ii) at any time, if required to do so in accordance with an agreement in force under section 55. > > > (7) Restoration under subsection (6) (b) (i) of a cancelled registration may be taken by the Corporation to be effective from any date within 6 years after the date of cancellation. > > > (7A) If the cancelled registration of a person is restored under this section, this Act applies in relation to the person as if the person’s registration had not been cancelled. > > > (8) While the registration of a worker is suspended— > > > > > (a) the worker is not to be credited in the register of workers with any service under this Act (being service during the period of suspension), and > > > > > (b) the Corporation is not required to serve any notice under section 25 (1) on the worker, and > > > > > (c) subject to section 30— > > > > > > > (i) the worker is entitled to apply for and be paid any long service payment in respect of any days’ service then credited to the worker in the register of workers, and > > > > > > > (ii) if the worker has died (whether before or after the worker’s registration was suspended)—the personal representative of the worker is entitled to apply for and be paid any long service payment in respect of any days’ service then credited to the worker in the register of workers, but only if the application is made within 2 years after the date of suspension or the date of the worker’s death (whichever is the later). > > > (9) If a suspended registration is restored under subsection (6) (a), any days’ service under this Act that are credited to the worker as at the date of the suspension are to be restored. > > **s 19:** Am 1986 No 149, Sch 2 (1); 1989 No 132, Sch 1; 1998 No 33, Sch 1 \[9\]–\[12\]; 2010 No 15, Sch 1 \[7\]–\[9\]; 2024 No 84, Sch 1.1\[1\].