Building and Construction Industry Long Service Payments Act 1986
19Cancellation or suspension of registration
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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(b) if an appeal under Part 6 is lodged against the cancellation within that period—on the date the appeal is withdrawn or the cancellation is confirmed.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.