Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.52Limitations on service credits
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sec.52 Limitations on service credits
Subject to section 54 , a person must not be credited in the register of workers with any day’s service in the building and construction industry unless that day was on or after the date on which the person became a registered worker. A registered worker must not be credited in the register of workers with more than 220 days’ service in the building and construction industry for a financial year. If— in respect of a financial year a registered worker would, but for this subsection, be entitled to be credited in the register of workers with a period of service and to be credited in a like register or record kept under a corresponding law with another period of service; and the periods of service together amount to more than 220 days; the period of service with which the worker is to be credited in the register of workers kept under this Act must be adjusted so as to provide that the total period with which the worker is credited in the registers does not exceed 220 days. The adjustment referred to in subsection (3) must be made— when an application is made under this Act or a corresponding law for payment of long service leave to be made in respect of a period of service that includes either or both of the periods of service referred to in that subsection; or at such other time as the authority may decide. If payment for long service leave is made to a person because the person makes an application under section 56 (1) or a corresponding law that corresponds to section 56 (1) , the person must not be credited in the register of workers with any day’s service for building and construction work performed by the person during the period of long service leave. s 52 amd 1994 No. 65 s 3 sch ; 1998 No. 44 ss 12 , 3 sch ; 2000 No. 61 s 43 (sec.52-ssec.1) Subject to section 54 , a person must not be credited in the register of workers with any day’s service in the building and construction industry unless that day was on or after the date on which the person became a registered worker. (sec.52-ssec.2) A registered worker must not be credited in the register of workers with more than 220 days’ service in the building and construction industry for a financial year. (sec.52-ssec.3) If— in respect of a financial year a registered worker would, but for this subsection, be entitled to be credited in the register of workers with a period of service and to be credited in a like register or record kept under a corresponding law with another period of service; and the periods of service together amount to more than 220 days; the period of service with which the worker is to be credited in the register of workers kept under this Act must be adjusted so as to provide that the total period with which the worker is credited in the registers does not exceed 220 days. (sec.52-ssec.4) The adjustment referred to in subsection (3) must be made— when an application is made under this Act or a corresponding law for payment of long service leave to be made in respect of a period of service that includes either or both of the periods of service referred to in that subsection; or at such other time as the authority may decide. (sec.52-ssec.5) If payment for long service leave is made to a person because the person makes an application under section 56 (1) or a corresponding law that corresponds to section 56 (1) , the person must not be credited in the register of workers with any day’s service for building and construction work performed by the person during the period of long service leave.