21Moving person from active part of workers register

21 Moving person from active part of workers register

(1) The registrar may move a person from the active part of the workers register for a covered industry to the inactive part of the register if the person has not been credited under this Act or a corresponding law with at least one day of service for 4 consecutive years, unless the person satisfies the registrar that the person is still working in the industry.

(2) The registrar may move a person under subsection (1) only after—

(a) the registrar has given written notice to the person inviting the person to submit evidence to the registrar, within 28 days of the notice, that the person is still working in the industry; and

(b) the registrar has considered any evidence submitted by the person in that period.

(3) If a person is moved under subsection (1)—

(a) the person stops being a registered active worker on the day the person is moved; and

(b) the person is not entitled to apply for long service leave, or to be paid long service benefits or an amount in lieu of long service leave, for any days of service entered in the register before the day the person stopped being a registered active worker.

(4) However, subsection (3)(b) does not apply if the person is entitled to—

(a) payment of long service benefits under clause 11 of Schedule 1; or

(b) payment in lieu under—

(i) clause 15 of Schedule 2; or

(ii) clause 15 of Schedule 3.