sec.40

sec.40 When person becomes a registered worker

For section 37 (2) (b) , the date a person becomes a registered worker is— if the person becomes a registered worker on an application under section 38 —the date the application is lodged with the authority; or otherwise—the date the certificate of service or other information about the person is received by the authority. However, if the authority is satisfied that a person has been an eligible worker for a period before the date that would otherwise apply under subsection (1) for becoming a registered worker, the authority may fix an earlier date as the date the person became a registered worker. In fixing a date under subsection (2) , the authority must not fix a date earlier than the start of the financial year that is the second last full financial year before the date that would otherwise apply under subsection (1) for becoming a registered worker unless it is satisfied that special circumstances exist. A person applies to become a registered worker on 1 February 2001. The authority may fix a date that is no earlier than 1 July 1998. The authority receives a certificate of service from an employer in relation to a worker on 1 July 2001. The authority may fix a date that is no earlier than 1 July 1999. Despite subsections (2) and (3) , the authority must not fix a date earlier than— if the person is a person mentioned in section 3A (1) (a) —1 July 1992; or if the person is a person mentioned in section 3A (1) (b) or (2) —1 January 1999. s 40 amd 1994 No. 65 s 15 , 3 sch ; 1998 No. 44 ss 9 , 3 sch sub 2000 No. 61 s 37 amd 2005 No. 27 s 3 sch (sec.40-ssec.1) For section 37 (2) (b) , the date a person becomes a registered worker is— if the person becomes a registered worker on an application under section 38 —the date the application is lodged with the authority; or otherwise—the date the certificate of service or other information about the person is received by the authority. (sec.40-ssec.2) However, if the authority is satisfied that a person has been an eligible worker for a period before the date that would otherwise apply under subsection (1) for becoming a registered worker, the authority may fix an earlier date as the date the person became a registered worker. (sec.40-ssec.3) In fixing a date under subsection (2) , the authority must not fix a date earlier than the start of the financial year that is the second last full financial year before the date that would otherwise apply under subsection (1) for becoming a registered worker unless it is satisfied that special circumstances exist. A person applies to become a registered worker on 1 February 2001. The authority may fix a date that is no earlier than 1 July 1998. The authority receives a certificate of service from an employer in relation to a worker on 1 July 2001. The authority may fix a date that is no earlier than 1 July 1999. (sec.40-ssec.4) Despite subsections (2) and (3) , the authority must not fix a date earlier than— if the person is a person mentioned in section 3A (1) (a) —1 July 1992; or if the person is a person mentioned in section 3A (1) (b) or (2) —1 January 1999.

• (a) if the person becomes a registered worker on an application under section 38 —the date the application is lodged with the authority; or
• (b) otherwise—the date the certificate of service or other information about the person is received by the authority.
• (a) if the person is a person mentioned in section 3A (1) (a) —1 July 1992; or
• (b) if the person is a person mentioned in section 3A (1) (b) or (2) —1 January 1999.