9BTime of occurrence of offence

9B Time of occurrence of offence

[Section 9B Inserted by No. 17 of 2003, s. 7, Applied:09 May 2003]

(1)  A payment required to be made under this Act is taken to have been due at the time at which the company becomes, or ought reasonably to have become, aware that the payment was required to be made.

(2)  A failure to register an employee in accordance with section 6 is taken to have occurred at the time at which the company becomes, or ought reasonably to have become, aware that the failure has occurred.

(3)  Any proceedings by the company after the commencement of the Construction Industry (Long Service) Amendment Act 2003 to recover a payment due to the company must be commenced within 6 months after the company becomes, or ought reasonably to have become, aware that the payment was due.

(4)  For the purposes of subsection (3) , proceedings to recover a payment due to the company include proceedings to obtain records, returns or information under section 8 in respect of that payment.