Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.127Continued operation of expired pt 7A
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sec.127 Continued operation of expired pt 7A
This section applies if, before the expiry of part 7A— an application for payment of long service leave was made under expired section 65D but not decided under expired section 65E; or an application for payment of long service leave was approved under expired section 65E but the payment was not made to the applicant. Expired part 7A continues to apply for the purpose of the authority— if subsection (1)(a) applies— deciding the application under expired section 65E; and if the application is approved, making the payment under expired section 65E; or if subsection (1)(b) applies—making the payment. In this section— expired , in relation to a provision of part 7A, means as in force immediately before the expiry of part 7A. s 127 ins 2020 No. 16 s 53 (sec.127-ssec.1) This section applies if, before the expiry of part 7A— an application for payment of long service leave was made under expired section 65D but not decided under expired section 65E; or an application for payment of long service leave was approved under expired section 65E but the payment was not made to the applicant. (sec.127-ssec.2) Expired part 7A continues to apply for the purpose of the authority— if subsection (1)(a) applies— deciding the application under expired section 65E; and if the application is approved, making the payment under expired section 65E; or if subsection (1)(b) applies—making the payment. (sec.127-ssec.3) In this section— expired , in relation to a provision of part 7A, means as in force immediately before the expiry of part 7A.
- (a) an application for payment of long service leave was made under expired section 65D but not decided under expired section 65E; or
- (b) an application for payment of long service leave was approved under expired section 65E but the payment was not made to the applicant.
- (a) if subsection (1)(a) applies— (i) deciding the application under expired section 65E; and (ii) if the application is approved, making the payment under expired section 65E; or
- (i) deciding the application under expired section 65E; and
- (ii) if the application is approved, making the payment under expired section 65E; or
- (b) if subsection (1)(b) applies—making the payment.
- (i) deciding the application under expired section 65E; and
- (ii) if the application is approved, making the payment under expired section 65E; or