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This is a Bill, not an Act. For current law, see the Acts databases.
Serial
58
Construction Industry Long Service Leave and
Benefits Amendment Bill 2009
Ms
Lawrie
A Bill for an Act to amend the Construction Industry Long Service Leave and Benefits Act
NORTHERN TERRITORY OF AUSTRALIA
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS AMENDMENT ACT 2009
____________________
Act No. [ ] of 2009
____________________
Table of provisions
33 Amount of
levy
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Construction Industry Long Service Leave and Benefits Act
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Construction Industry Long Service Leave and Benefits Amendment Act 2009.
(1) This Act (other than sections 3 to 5) commence on the day on which the Administrator's assent to this Act is declared.
(2) Sections 3 to 5 are taken to have commenced on 1 July 2009.
This Act amends the Construction Industry Long Service Leave and Benefits Act.
4 Repeal and substitution of section 33
Section 33
repeal, substitute
(1) The purpose of this section is to provide for the amount of the levy for construction work in relation to which the levy is imposed.
(2) The amount of the levy is as follows:
(a) if the cost of the construction work is $1 billion or less – the amount worked out by multiplying the cost of the construction work by the prescribed percentage;
(b) if the cost of the construction work is more than $1 billion – the amount worked out by adding together:
(i) for $1 billion – the amount worked out by multiplying $1 billion by the prescribed percentage; and
(ii) for the excess amount – the amount worked out by multiplying the excess amount by the determined percentage for the particular construction work.
(3) An amount calculated under subsection (2) is to be rounded to the nearest dollar (with 50c to be rounded downwards).
(4) For subsection (2)(b)(ii), the Minister must, by Gazette notice, determine a percentage to apply to an excess amount for particular construction work.
(5) Before determining a percentage under subsection (4) for an excess amount, the Minister must consider the report under section 91(6) for that excess amount.
(6) In this section:
determined percentage means the percentage determined under subsection (4).
excess amount, in relation to construction work, means the amount that is the cost of the construction work that exceeds $1 billion.
Example
If the total cost of construction work is $1.5 billion, the excess amount of that work is $500 million.
prescribed percentage means the percentage prescribed by regulation for this section.
5 Amendment of section 91 (Appointment of actuary)
(1) Section 91(1)
omit
all words from "Scheme" to "provided."
substitute
Scheme.
(2) Section 91(2)
omit
so appointed must conduct
substitute
must conduct, as requested by the Minister but at least once every 3 years,
(3) Section 91(2)(a), at the end
insert
and
(4) Section 91(6)
omit, substitute
(6) If the Minister asks the actuary to review, for the Scheme, liability in relation to an excess amount, as defined in section 33, for particular construction work and make a recommendation about the percentage to be the determined percentage under that section for the excess amount, the actuary must provide the Minister with a report about the review and recommendation within the time specified by the Minister.
(7) The Minister must table in the Legislative Assembly a copy of a report under subsection (3) or (6) within 6 sittings days after receiving the report.
The Schedule has effect.
Schedule Further amendments of Construction Industry Long Service Leave and Benefits Act
section 6
Provision
|
Amendment
|
|
|
omit
|
substitute
|
section 6
|
In this Act, unless the contrary intention
appears:
|
In this Act:
|
section 6, definition long service
benefit, paragraphs (a) and (b)
|
;
|
; or
|
section 10(1)(a) and (b)(ii)
|
;
|
; and
|
section 10(1)(d)(i)
|
;
|
; or
|
sections 10(2)(a) and (b), 12(2)(a), 14(1)(a) and
(b), 17(a), 19(7)(a), 20(9)(a), 21(7)(a) and 22(1)(a) and (8)(a)
|
;
|
; and
|
sections 23(2), 24(2) and 26(1)
|
Penalty
|
Maximum penalty
|
section 28(1)(a)
|
;
|
; and
|
sections 28(3), 29(3) and 30(4)
|
Penalty
|
Maximum penalty
|
section 31(1)(a)
|
;
|
; and
|
sections 32(2)(a)(ii) and 34(5)(a) and
(b)
|
;
|
; or
|
section 35
|
Penalty
|
Maximum penalty
|
section 38(3)(a)
|
;
|
; or
|
sections 38(3), 39(4) and 40(3)
|
Penalty
|
Maximum penalty
|
section 42(3)(a)
|
;
|
; or
|
section 42(3)
|
Penalty
|
Maximum penalty
|
section 44(6)(b)(i)
|
;
|
; and
|
section 48(a)
|
;
|
; or
|
section 50(1)(a)
|
;
|
; and
|
section 51
|
Penalty
|
Maximum penalty
|
sections 53(3)(a), 56(2)(a) and 59(a)
|
;
|
; and
|
sections 62(a) and 63(2)(a) and (b)
|
;
|
; or
|
section 65(1) and (3)
|
Penalty
|
Maximum penalty
|
sections 68(2)(a), 70(1)(a) to (d) and 71(1)(a) and
(b)
|
;
|
; and
|
section 80(2)(a)(ii) and (b) and
(3)(a)
|
;
|
; or
|
sections 80(3) and 81(2)
|
Penalty
|
Maximum penalty
|
section 82(1)(a) and (2)(a) and (b)
|
;
|
; and
|
section 82(3)
|
Penalty
|
Maximum penalty
|
sections 83(c)(i), 86(2)(a)(ii) and 90(2)(a) and (b)
and (3)(a) and (c)(i)
|
;
|
; or
|
section 90(4)
|
Penalty
|
Maximum penalty
|
sections 94(1), definition transitional
employee, paragraph (a), 95(3)(a), 96(4)(a) and (b)(ii) and (5)(a) and
98(1)(a)
|
;
|
; and
|
section 100
|
Penalty
|
Maximum penalty
|
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