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This is a Bill, not an Act. For current law, see the Acts databases.


CONTRACT CLEANING INDUSTRY (PORTABLE LONG SERVICE LEAVE) BILL 2005

          Queensland



Contract Cleaning Industry
(Portable Long Service Leave)
Bill 2005

 


 

 

Queensland Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Main purpose of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Interpretation 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Meaning of cleaning work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Meaning of contract cleaning industry . . . . . . . . . . . . . . . . . . . . . 9 8 Who is an employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Who is a worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Meaning of information notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Grounds that are reasonable in the circumstances . . . . . . . . . . . 11 12 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 3 Contract Cleaning Industry (Portable Long Service Leave) Authority Division 1 Establishment of authority 13 Authority established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2 Functions and powers of authority 14 Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3 Establishment of board for authority 16 Board established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Disqualification from board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

 


 

2 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 20 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Remuneration and other entitlements of directors . . . . . . . . . . . . 16 Division 4 Business of the board 23 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 24 Frequency of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Decisions made by written reference . . . . . . . . . . . . . . . . . . . . . . 18 29 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30 Disclosure of interests by directors of the board . . . . . . . . . . . . . 19 Division 5 Administration 31 Administration subject to Minister. . . . . . . . . . . . . . . . . . . . . . . . . 20 32 General manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 33 Management of authority by general manager. . . . . . . . . . . . . . . 20 34 Staff of the authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 35 Authority's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36 Judicial notice of signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 37 Document presumed to be properly made . . . . . . . . . . . . . . . . . . 21 38 Contracts or agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 39 Agreement about administration of this Act . . . . . . . . . . . . . . . . . 22 Division 6 Financial Provisions 40 Funds of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 41 Proposed budget and progress budget reports . . . . . . . . . . . . . . 23 42 Actuarial investigation of funds. . . . . . . . . . . . . . . . . . . . . . . . . . . 23 43 Application of Finance Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Part 4 Registration Division 1 Registration of workers 44 Authority to keep register of workers . . . . . . . . . . . . . . . . . . . . . . 25 45 Particulars to be entered in register of workers . . . . . . . . . . . . . . 25 46 Application for registration as a registered worker . . . . . . . . . . . . 25 47 Grant or refusal to grant application for registration as a registered worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 48 Worker may become a registered worker other than by application .................................... 26 49 When does a person becomes a registered worker . . . . . . . . . . . 27

 


 

3 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 50 Cancellation of registration as a registered worker . . . . . . . . . . . 28 Division 2 Registration of employers 51 Authority to keep register of employers . . . . . . . . . . . . . . . . . . . . 29 52 Particulars to be entered into register of employers . . . . . . . . . . . 29 53 Application for registration as a registered employer . . . . . . . . . . 30 54 Court order about application for registration as a registered employer ......................................... 31 55 Grant or refusal to grant application for registration as a registered employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 56 Employer to give notice of a change to information given . . . . . . 31 57 Cancellation of registration as a registered employer . . . . . . . . . 31 Division 3 Power to ensure employers are registered 58 Authority may require information or documents from employer . 32 Part 5 Service credits, returns and notices 59 What is an engagement period for a worker. . . . . . . . . . . . . . . . . 33 60 Crediting service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 61 Limitations on crediting service . . . . . . . . . . . . . . . . . . . . . . . . . . 34 62 Returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 63 Payments of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 64 Exemption from lodging return . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 65 Civil penalty for failure to give return or pay levy . . . . . . . . . . . . . 37 66 Employer to keep record for each worker . . . . . . . . . . . . . . . . . . . 39 67 Notice to registered workers about service credits. . . . . . . . . . . . 40 68 Decisions about ordinary wages by the authority. . . . . . . . . . . . . 40 69 Retrospective service credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 70 Time frames for application for retrospective service credits . . . . 42 Part 6 Long service leave 71 Application for long service leave entitlement . . . . . . . . . . . . . . . 43 72 Entitlement to long service leave . . . . . . . . . . . . . . . . . . . . . . . . . 44 73 Amount of long service leave payment. . . . . . . . . . . . . . . . . . . . . 45 74 Long service leave not payable in particular cases . . . . . . . . . . . 46 75 Payments to employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 76 If employer unable to pay benefit . . . . . . . . . . . . . . . . . . . . . . . . . 48 77 Authority may pay if employer insolvent . . . . . . . . . . . . . . . . . . . . 49 78 If credit for service accrued elsewhere. . . . . . . . . . . . . . . . . . . . . 49 79 If a corresponding authority pays . . . . . . . . . . . . . . . . . . . . . . . . . 51 80 Authority's liability confined to long service leave. . . . . . . . . . . . . 51

 


 

4 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 81 Payment may be deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part 7 Long service leave levy 82 Imposition of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 83 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 84 Authority may give notice if levy is not paid . . . . . . . . . . . . . . . . . 52 85 Additional levy payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 86 Appointment of agents for collection of levy amounts . . . . . . . . . 53 87 Interest on, and extension of time for payment of, levy . . . . . . . . 53 88 Recovery of levy amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 89 Penalties no relief from levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Part 8 Appeals Division 1 Purpose of this part 90 Purpose of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 2 Internal reconsideration of original decision 91 Reconsideration of original decision of authority . . . . . . . . . . . . . 55 Division 3 Appeals to industrial magistrate 92 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 93 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 94 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 95 Where appeal heard. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 96 Attendance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 4 Appeal to industrial commission 97 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 98 Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 99 Decision on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 5 Appeal to industrial court 100 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Part 9 Authorised officers and their powers Division 1 Authorised officers 101 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 62 102 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 62 103 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 104 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 63 105 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 64 106 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

 


 

5 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Division 2 Procedure for entry 107 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 108 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 109 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 110 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 111 Application by electronic communication and duplicate warrant . 68 112 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 113 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 3 Powers of authorised officers after entry 114 General powers of authorised officer after entering places . . . . . 71 115 Power to require reasonable help or information . . . . . . . . . . . . . 71 Division 4 Power of authorised officers to seize evidence 116 Seizing evidence at place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 117 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 118 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 119 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 120 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 121 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 122 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 123 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 124 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 5 Other enforcement matters 125 Authorised officer may require record kept under s 66. . . . . . . . . 76 126 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 77 127 False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 128 Obstructing authorised officers. . . . . . . . . . . . . . . . . . . . . . . . . . . 78 129 Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . 78 130 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 131 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 132 Executive officers must ensure corporation complies with Act. . . 79 133 Liability of directors for amounts. . . . . . . . . . . . . . . . . . . . . . . . . . 80 134 Holders of office to act honestly and with propriety . . . . . . . . . . . 81 135 Offence of improper disclosure of information . . . . . . . . . . . . . . . 81 136 Protection of person from dismissal . . . . . . . . . . . . . . . . . . . . . . . 82 Part 10 Proceedings for offences 137 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

 


 

6 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 138 Powers of industrial magistrate . . . . . . . . . . . . . . . . . . . . . . . . . . 83 139 Evidentiary certificates about returns . . . . . . . . . . . . . . . . . . . . . . 83 140 Evidentiary certificates about levy payments . . . . . . . . . . . . . . . . 84 141 Other evidentiary certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 142 Other evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 143 Penalties to be paid to authority . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Part 11 Miscellaneous 144 Arrangements with other States . . . . . . . . . . . . . . . . . . . . . . . . . . 86 145 Declaration about arrangements with other States . . . . . . . . . . . 86 146 General manager's power of delegation. . . . . . . . . . . . . . . . . . . . 86 147 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 87 148 Authority may indemnify person administering Act. . . . . . . . . . . . 87 149 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 150 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Part 12 Transitional provisions 151 Relationship with other Acts, awards etc . . . . . . . . . . . . . . . . . . . 88 152 Funds borrowed from Building and Construction Authority . . . . . 88 153 Initial proposed budget for 2005-2006 financial year . . . . . . . . . . 89 154 Registration as an employer if employer at commencement . . . . 89 Part 13 Consequential amendment 155 Amendment of other Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Schedule 1 Amendment of other Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Building and Construction Industry (Portable Long Service Leave) Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

 


 

2005 A Bill for An Act to provide for an equitable and efficient system of portability of long service leave in the contract cleaning industry, and for other purposes

 


 

s1 8 s4 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Contract Cleaning Industry 4 (Portable Long Service Leave) Act 2005. 5 2 Commencement 6 This Act commences on 1 July 2005. 7 3 Act binds all persons 8 This Act binds all persons including the State and, as far as 9 the legislative power of the Parliament permits, the 10 Commonwealth and the other States. 11 4 Main purpose of this Act 12 (1) The main purpose of this Act is to establish a scheme for 13 portability of long service leave in the contract cleaning 14 industry. 15 (2) As part of the scheme, there are registration provisions for 16 employers and workers and ways for calculating long service 17 leave entitlements. 18 (3) Although an employer is required to be registered, the 19 obligations under this Act apply to an employer whether or 20 not the employer is registered under this Act. 21 (4) Generally, an entitlement under this Act only accrues to a 22 worker who is registered under this Act. 23

 


 

s5 9 s9 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 2 Interpretation 1 5 Definitions 2 The dictionary in schedule 2 defines particular words used in 3 this Act. 4 6 Meaning of cleaning work 5 Cleaning work is work, performed in Queensland, that has as 6 its main or only function the bringing of premises into, or 7 keeping of premises in, a clean condition. 8 7 Meaning of contract cleaning industry 9 The contract cleaning industry is the industry in which 10 individuals are engaged by a person to perform cleaning work 11 for other people. 12 8 Who is an employer 13 (1) An employer is a person who engages 1 or more individuals to 14 perform cleaning work in the contract cleaning industry. 15 (2) However, employer does not include-- 16 (a) the Commonwealth; or 17 (b) the State; or 18 (c) a local government; or 19 (d) a company whose only workers are directors, if each of 20 the directors participates in the management of the 21 company or shares in its profits. 22 9 Who is a worker 23 (1) A worker is an individual who-- 24 (a) under a contract of service is engaged to perform 25 cleaning work in the contract cleaning industry; or 26

 


 

s 10 10 s 10 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (b) under a contract, or at piecework rates, is engaged to 1 perform cleaning work in the contract cleaning industry, 2 for labour only or substantially for labour only; or 3 (c) under a contract, whether or not the contract is a 4 contract of service, performs cleaning work in the 5 contract cleaning industry unless-- 6 (i) the individual-- 7 (A) is paid to achieve a stated result or outcome; 8 and 9 (B) has to supply all, or substantially all, of the 10 plant and equipment or tools of trade needed 11 to perform the work; and 12 (C) is, or would be, liable for the cost of fixing a 13 fault with the work performed; or 14 (ii) a personal services business determination is in 15 effect for the individual performing the work under 16 the Income Tax Assessment Act 1997 (Cwlth), 17 section 87-60. 18 (2) Also, worker includes an individual who is engaged to 19 perform both cleaning work and supervision of other workers 20 in the contract cleaning industry, whether or not the individual 21 is known as a supervisor, leading hand or another title. 22 (3) However, worker does not include an individual who 23 performs work in the contract cleaning industry-- 24 (a) in a managerial or clerical capacity; or 25 (b) under a contract of service with a partnership if the 26 individual is a partner and participates in the 27 management of the partnership or shares in its profits; or 28 (c) under a contract of service with the Commonwealth, the 29 State or a local government. 30 10 Meaning of information notice 31 (1) An information notice is a notice to a person about a decision 32 of the authority relating to the person stating-- 33 (a) the decision; and 34

 


 

s 11 11 s 12 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (b) the reasons for the decision; and 1 (c) whether or not the person may apply for a 2 reconsideration of the decision or appeal against the 3 decision to a stated entity; and 4 (d) if the person may make an application or appeal against 5 a decision as mentioned in paragraph (c), the day by 6 which the application must be made or the appeal must 7 be started. 8 (2) A provision under this Act may provide that an information 9 notice for the purposes of the provision must include other 10 stated information. 11 (3) If a person may apply for a reconsideration of a decision, or 12 appeal against a decision to a stated entity, within a number of 13 days after the day an information notice is given to the person, 14 a defect in the notice does not affect the person's right to make 15 the application or appeal in relation to the matters dealt with 16 in the information notice. 17 11 Grounds that are reasonable in the circumstances 18 (1) If, under this Act, a person is required to be satisfied or not 19 satisfied of, or have a belief or suspicion about, a particular 20 matter before the person may do or refrain from doing an act, 21 or make a decision, the person must be satisfied or not 22 satisfied or have the belief or suspicion on grounds that are 23 reasonable in the circumstances. 24 (2) If, under this Act, a person who is satisfied or not satisfied of, 25 or has a belief or suspicion about, a particular matter is 26 required to do or refrain from doing an act, or make a 27 decision, the person must be satisfied or not satisfied, or have 28 the belief or suspicion, on grounds that are reasonable in the 29 circumstances. 30 12 Notes in text 31 A note in the text of this Act is part of the Act. 32

 


 

s 13 12 s 14 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 3 Contract Cleaning Industry 1 (Portable Long Service Leave) 2 Authority 3 Division 1 Establishment of authority 4 13 Authority established 5 (1) The Contract Cleaning Industry (Portable Long Service 6 Leave) Authority is established. 7 (2) The authority-- 8 (a) is a body corporate; and 9 (b) has a seal; and 10 (c) may sue and be sued in its corporate name. 11 (3) The authority does not represent the State. 12 (4) The authority may operate under a trading name prescribed 13 under a regulation. 14 Division 2 Functions and powers of authority 15 14 Authority's functions 16 (1) The authority's primary function is to provide an equitable 17 and efficient system of portable long service leave for workers 18 in the contract cleaning industry. 19 (2) The other functions of the authority are-- 20 (a) to provide educational and awareness programs to the 21 contract cleaning industry to encourage worker 22 membership and industry compliance with this Act; and 23 (b) to give advice and make recommendations to the 24 Minister on issues affecting the provision of long 25 service leave in the industry and the operation of this 26 Act; and 27

 


 

s 15 13 s 15 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (c) to perform other functions conferred on the authority 1 under this or another Act. 2 15 Authority's powers 3 (1) The authority has the powers of an individual and may, for 4 example-- 5 (a) enter into contracts; and 6 (b) acquire, hold, deal with and dispose of property; and 7 (c) appoint agents and attorneys; and 8 (d) charge for, and place conditions on, the supply of goods, 9 services or information it supplies; and 10 (e) engage consultants; and 11 (f) do anything else necessary or convenient to be done in 12 performing its functions. 13 (2) Without limiting subsection (1), the authority has the powers 14 given to it under this or another Act. 15 (3) The authority may borrow from the Building and 16 Construction Authority sufficient funds to provide for its 17 administration expenses and other anticipated outgoings as 18 contemplated by section 40(2)1 for the financial year starting 19 1 July 2005. 20 (4) Subsection (3) does not limit the authority's power to borrow 21 funds under the Statutory Bodies Financial Arrangements Act 22 1982. 23 (5) The authority may exercise its powers inside and outside 24 Queensland. 25 (6) Without limiting subsection (5), the authority may exercise its 26 powers outside Australia. 27 1 Section 40 (Funds of authority)

 


 

s 16 14 s 18 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Division 3 Establishment of board for authority 1 16 Board established 2 (1) The authority has a board of directors. 3 (2) The board's role includes-- 4 (a) responsibility for the authority's commercial policy and 5 management; and 6 (b) ensuring, as far as possible, the authority achieves and 7 acts in accordance with its corporate goals and carries 8 out its corporate objectives outlined in its corporate 9 plan; and 10 (c) ensuring the authority otherwise performs its functions 11 in an appropriate, effective and efficient way. 12 17 Composition of board 13 (1) The board has not more than 8 directors, consisting of-- 14 (a) a person appointed as the chairperson; and 15 (b) a person appointed as the deputy chairperson; and 16 (c) 2 or 3 persons appointed as representatives of 17 employers; and 18 (d) 2 or 3 persons appointed as representatives of workers. 19 (2) The deputy chairperson must be a person with knowledge of, 20 and experience in, commerce, economics, finance or 21 management. 22 (3) The number of directors appointed under subsection (1)(c) 23 and under subsection (1)(d) must be equal. 24 18 Appointment of directors 25 The Governor in Council may appoint, by industrial gazette 26 notice, a person as a director of the board for a term of not 27 more than 3 years. 28

 


 

s 19 15 s 20 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 19 Disqualification from board 1 (1) A person can not become, or continue as, a director if the 2 person-- 3 (a) is an insolvent under administration within the meaning 4 of the Corporations Act; or 5 (b) is, or has been, convicted of an indictable offence 6 (including an indictable offence dealt with summarily) 7 or an offence against this Act, and the conviction is not a 8 spent conviction. 9 (2) In this section-- 10 spent conviction means a conviction-- 11 (a) for which the rehabilitation period under the Criminal 12 Law (Rehabilitation of Offenders) Act 1986 has expired 13 under that Act; and 14 (b) that is not revived as prescribed by section 11 of that 15 Act.2 16 20 Vacation of office 17 The office of a director becomes vacant if the director-- 18 (a) dies; or 19 (b) gives to the Minister a signed notice of resignation; or 20 (c) is absent, without leave of the board and without a 21 reasonable excuse, from 3 consecutive meetings of the 22 board of which proper notice was given; or 23 (d) can not continue as a member under section 19; or 24 (e) is removed from office by the Governor in Council. 25 2 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of convictions)

 


 

s 21 16 s 24 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 21 Casual vacancy 1 (1) If an office of a director becomes vacant during the director's 2 term of appointment, the Governor in Council may appoint 3 someone else to the office for the remaining part of the term. 4 (2) The person appointed in place of the director must-- 5 (a) if the director was a director mentioned in 6 section 17(1)(b)3--have the knowledge and experience 7 as required under section 17(2); or 8 (b) if the director was a director mentioned in 9 section 17(1)(c) or (d)--be a representative as required 10 under section 17(1)(c) or (d). 11 (3) A person appointed in place of a director who was the 12 chairperson or deputy chairperson will also be the chairperson 13 or deputy chairperson respectively. 14 22 Remuneration and other entitlements of directors 15 A director is entitled to be paid the fees, remuneration and 16 allowances decided by the Governor in Council. 17 Division 4 Business of the board 18 23 Conduct of business 19 Subject to this division, the board may conduct its business, 20 including its meetings, in a way it considers appropriate. 21 24 Frequency of meetings 22 (1) The chairperson must call meetings of the board as often as is 23 necessary for the performance of the authority's functions and 24 the exercise of its powers under this Act. 25 (2) However, the period between each meeting must not be more 26 than 3 months. 27 3 Section 17 (Composition of board)

 


 

s 25 17 s 27 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (3) The chairperson must also call a meeting if both of the 1 following ask for a meeting to be called-- 2 (a) a director appointed under section 17(1)(c);4 3 (b) a director appointed under section 17(1)(d). 4 25 Presiding at meetings 5 (1) The chairperson is to preside at all meetings of the board at 6 which the chairperson is present. 7 (2) If the chairperson is not present at a meeting of the board, the 8 deputy chairperson is to preside. 9 (3) When the deputy chairperson presides at a meeting, the 10 deputy chairperson has all the functions and powers of the 11 chairperson. 12 26 Quorum 13 (1) Business must not be conducted at a meeting of the board 14 unless a quorum is present. 15 (2) A quorum consists of at least 3 directors, including-- 16 (a) the chairperson or deputy chairperson; and 17 (b) a director appointed under section 17(1)(c); and 18 (c) a director appointed under section 17(1)(d). 19 27 Conduct of meetings 20 (1) A question at a meeting of the board is decided by majority 21 vote of the directors present. 22 (2) Each director present at the meeting has a vote on each 23 question to be decided. 24 (3) A director present at the meeting who abstains from voting is 25 taken to have voted for the negative unless the director 26 abstains because of a conflict of interest declared by the 27 director. 28 4 Section 17 (Composition of board)

 


 

s 28 18 s 28 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (4) If the votes are equal, the director presiding at the meeting has 1 a casting vote. 2 (5) The board may hold meetings, or allow directors to take part 3 in its meetings, by using any technology that reasonably 4 allows directors to hear and take part in discussions as they 5 happen. 6 7 Example of use of technology-- 8 teleconferencing (6) A director who takes part in a meeting under subsection (5) is 9 taken to be present at the meeting. 10 (7) When considering the question, regard must be given to any 11 material from, or comments by, the general manager about the 12 question. 13 28 Decisions made by written reference 14 (1) A question by written reference may be decided by majority 15 vote of the directors voting on the question in response to the 16 reference. 17 (2) At least 1 of the directors voting on the question must be 18 either the chairperson or deputy chairperson. 19 (3) If the votes are equal and the chairperson is voting, the 20 chairperson has the casting vote. 21 (4) If the votes are equal and the chairperson is not voting, the 22 deputy chairperson has the casting vote. 23 (5) When considering the question, regard must be given to any 24 material from, or comments by, the general manager about the 25 question. 26 (6) In this section-- 27 written reference means a procedure in which the general 28 manager gives to each director a question for the director's 29 decision other than at a meeting of the board. 30

 


 

s 29 19 s 30 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 29 Minutes 1 (1) The board must keep a record of a decision of the board, 2 whether the decision is made at a meeting or by written 3 reference. 4 (2) The record must be presented at the board's next meeting for 5 confirmation. 6 (3) If the record is confirmed, it must be signed by the director 7 presiding at the meeting and forms part of the minutes of the 8 meeting. 9 30 Disclosure of interests by directors of the board 10 (1) This section applies to a director (the interested director) if-- 11 (a) the interested director has a direct or indirect interest in 12 an issue being considered, or about to be considered, by 13 the board; and 14 (b) the interest could conflict with the proper performance 15 of the director's duties about the consideration of the 16 issue. 17 (2) As soon as practicable after the relevant facts come to the 18 interested director's knowledge, the director must disclose the 19 nature of the interest to a board meeting. 20 (3) Unless the board otherwise directs, the interested director 21 must not-- 22 (a) be present when the board considers the issue; or 23 (b) take part in a decision of the board about the issue. 24 (4) The interested director must not be present when the board is 25 considering whether to give a direction under subsection (3). 26 (5) If there is another director who must, under subsection (2), 27 also disclose an interest in the issue, the other director must 28 not-- 29 (a) be present when the board is considering whether to 30 give a direction under subsection (3) about the interested 31 director; or 32

 


 

s 31 20 s 34 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (b) take part in making the decision about giving the 1 direction. 2 (6) If-- 3 (a) because of this section, a director is not present at a 4 board meeting for considering or deciding an issue, or 5 for considering or deciding whether to give a direction 6 under subsection (3); and 7 (b) there would be a quorum if the director were present; 8 the remaining directors present are a quorum of the board for 9 considering or deciding the issue, or for considering or 10 deciding whether to give the direction, at the meeting. 11 (7) A disclosure under subsection (2) must be recorded in the 12 minutes of the meeting. 13 Division 5 Administration 14 31 Administration subject to Minister 15 Subject to the Minister, the authority administers this Act. 16 32 General manager 17 The general manager of the authority is the person appointed 18 as the general manager of the Building and Construction 19 Authority. 20 33 Management of authority by general manager 21 (1) Subject to the board, the general manager is to manage the 22 business of the authority. 23 (2) A thing done in the name of or for the authority by the general 24 manager is taken to have been done by the authority. 25 34 Staff of the authority 26 (1) The staff of the Building and Construction Authority are to 27 provide the Contract Cleaning Industry (Portable Long 28

 


 

s 35 21 s 37 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Service Leave) Authority with the administrative support 1 services that it requires to carry out its functions effectively 2 and efficiently. 3 (2) Also, a member of the staff may, subject to this Act, do all 4 things necessary for the discharge of the functions of the 5 authority. 6 35 Authority's seal 7 (1) The general manager must keep the authority's seal in the 8 general manager's custody. 9 (2) The seal may be attached to a document by the general 10 manager only-- 11 (a) by resolution of the board; and 12 (b) in the presence of the chairperson or, if the chairperson 13 is absent, the deputy chairperson. 14 (3) Judicial notice must be taken of the imprint of the authority's 15 seal attached to a document. 16 (4) A document with the authority's seal attached to it may be 17 presumed to be properly made. 18 36 Judicial notice of signatures 19 Judicial notice must be taken of-- 20 (a) the signature of a person who is or has been the 21 chairperson, the deputy chairperson, a director of the 22 board or the general manager; and 23 (b) the fact the person holds or has held the relevant office. 24 37 Document presumed to be properly made 25 A document made by the authority, other than a document 26 required by law to be sealed, may be presumed to be properly 27 made if it is signed by the chairperson, deputy chairperson or 28 general manager. 29

 


 

s 38 22 s 39 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 38 Contracts or agreements 1 (1) The authority's power to make, vary or discharge contracts or 2 agreements must be exercised as follows-- 3 (a) for a contract or agreement that, if it were between 4 individuals, must be a written contract or agreement and 5 under seal--by a written contract or agreement in the 6 authority's name and under the seal of the authority; 7 (b) for a contract or agreement that, if it were between 8 individuals, must be a written contract or agreement and 9 signed by the parties--by a written contract or 10 agreement in the authority's name and signed by a 11 person acting for the authority. 12 (2) The authority's power to make, vary or discharge a contract or 13 agreement that, if it were between individuals, may be made 14 orally, may be exercised orally by a person acting for the 15 authority. 16 39 Agreement about administration of this Act 17 (1) The authority may enter into a written agreement with the 18 Building and Construction Authority in relation to the 19 administration of this Act, including expenses attributable to 20 the administration (administration expenses). 21 22 Examples of administration expenses-- 23 staff costs 24 rent 25 cost of electricity use (2) Without limiting subsection (1), the agreement may provide 26 that the Building and Construction Authority-- 27 (a) must pay the administration expenses; and 28 (b) may recoup the administration expenses from the 29 authority, with interest, at a rate stated in the agreement. 30

 


 

s 40 23 s 42 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Division 6 Financial Provisions 1 40 Funds of authority 2 (1) The funds of the authority consist of-- 3 (a) levy amounts paid to the authority; and 4 (b) amounts borrowed by the authority; and 5 (c) proceeds from investments by the authority; and 6 (d) other amounts received by the authority. 7 (2) The funds may only be applied in making-- 8 (a) long service leave payments; and 9 (b) payments for expenses incurred in the administration of 10 this Act including, for example, payments to the 11 Building and Construction Authority under an 12 agreement mentioned in section 39; and 13 (c) payments for borrowings by the authority; and 14 (d) investments by the authority; and 15 (e) other payments authorised by this Act. 16 41 Proposed budget and progress budget reports 17 (1) The authority must give the Minister the details of its 18 proposed budget for each financial year at least 30 days before 19 the start of the financial year. 20 (2) The proposed budget has no effect unless it is approved by the 21 Minister. 22 (3) The authority must give the Minister progress reports on the 23 operation of the budget. 24 (4) Progress reports are to be given when, and in the way, the 25 Minister requires. 26 42 Actuarial investigation of funds 27 (1) At least every 2 years, but otherwise as required by the board, 28 the authority must investigate the adequacy of the authority's 29

 


 

s 43 24 s 43 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 funds and the adequacy of the percentage prescribed under a 1 regulation as the rate of levy. 2 (2) For subsection (1), the board must appoint a person (an 3 actuary) who is recognised as an actuary and holds 4 qualifications that the board considers suitable to carry out the 5 investigation. 6 (3) The actuary must-- 7 (a) finish the investigation, and report the outcome of the 8 investigation to the authority after the investigation is 9 conducted; and 10 (b) state in the report an opinion about whether the rate of 11 levy should be reduced, increased or stay the same. 12 (4) After the authority receives the report, the authority must give 13 the report to the Minister with its recommendations on-- 14 (a) the opinion stated by the actuary under 15 subsection (3)(b); and 16 (b) whether the funds available are adequate to perform the 17 authority's functions. 18 (5) This section does not limit the authority's ability to make 19 other inquiries about whether the authority's funds and the 20 rate of levy are adequate. 21 43 Application of Finance Acts 22 (1) The authority is a statutory body within the meaning of the 23 Financial Administration and Audit Act 1977. 24 (2) The authority is a statutory body for the Statutory Bodies 25 Financial Arrangements Act 1982. 26 (3) The Statutory Bodies Financial Arrangements Act 1982, 27 part 2B5 sets out the way in which the authority's powers 28 under this Act are affected by the Statutory Bodies Financial 29 Arrangements Act 1982. 30 5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts)

 


 

s 44 25 s 46 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 4 Registration 1 Division 1 Registration of workers 2 44 Authority to keep register of workers 3 The authority must keep a register of persons who are 4 registered under section 47 or 48 (a register of workers). 5 45 Particulars to be entered in register of workers 6 (1) To the extent the authority has, or is reasonably able to obtain, 7 any of the following information about each person who is a 8 registered worker, the authority must enter it in the register of 9 workers in relation to the person-- 10 (a) the person's name, birthday and residential address; 11 (b) the day the person became a registered worker; 12 (c) the amount of the person's entitlement to long service 13 leave; 14 (d) if the person no longer performs cleaning work in the 15 contract cleaning industry--the day the person stopped 16 performing cleaning work in the contract cleaning 17 industry. 18 (2) Also, the authority may enter in the register any other 19 information it considers necessary for the administration of 20 this Act. 21 46 Application for registration as a registered worker 22 (1) A person may apply for registration as a worker in the 23 contract cleaning industry. 24 (2) The application must be in the approved form. 25 (3) The authority may, by notice, ask the applicant to do 1 or both 26 of the following within a reasonable time stated in the 27 notice-- 28

 


 

s 47 26 s 48 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (a) give further information or documents relevant to the 1 application; 2 (b) verify information or documents forming part of the 3 application including, if asked, by statutory declaration. 4 (4) The authority may refuse to grant the application if the 5 applicant, without reasonable excuse, does not give or verify 6 the information or documents within the stated time. 7 47 Grant or refusal to grant application for registration as a 8 registered worker 9 If a person applies to the authority for registration as a worker 10 in the contract cleaning industry under section 46, the 11 authority must-- 12 (a) consider the application; and 13 (b) either-- 14 (i) grant the application and enter the person's name 15 in the register of workers; or 16 (ii) refuse to grant the application and give the person 17 an information notice about the refusal. 18 48 Worker may become a registered worker other than by 19 application 20 (1) The authority may decide a person is, or was, a worker if-- 21 (a) the authority has received information indicating the 22 person is, or was, a worker; and 23 (b) the authority is satisfied that person is, or was, a worker. 24 (2) The authority may decide that a person is, or was, a worker 25 even though an application under section 46 has not been 26 made. 27 (3) If the authority decides a person is, or was, a worker, the 28 authority may enter the person's name in the register of 29 workers. 30

 


 

s 49 27 s 49 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (4) The authority must give the person an information notice 1 about the authority's decision to enter the person's name in the 2 register of workers. 3 49 When does a person becomes a registered worker 4 (1) For section 45(1)(b),6 the day on which a person becomes a 5 registered worker (the registration day) is-- 6 (a) if the person applies under section 46 and the 7 application is granted--the day the authority receives 8 the application; or 9 (b) if the authority receives other information indicating the 10 person is a worker as mentioned in section 48--the day 11 the authority receives the information. 12 (2) However, if the authority is satisfied the person was a worker 13 for a period before the person's registration day, the authority 14 must nominate an earlier day as the day the person became a 15 registered worker. 16 (3) For subsection (2), the authority must not nominate a day 17 earlier than-- 18 (a) the start of the financial year that is the second last full 19 financial year before the person's registration day, 20 unless the authority is satisfied special circumstances 21 exist; and 22 (b) in any event--1 July 2005. 23 24 Examples for subsection (3)(a)-- 25 1 A person applies to become a registered worker on 1 February 26 2009. The authority may nominate a date no earlier than 1 July 27 2006. 28 2 The authority receives a return from an employer for a worker on 29 1 July 2009. The authority may nominate a date no earlier than 30 1 July 2007. 6 Section 45 (Particulars to be entered in register of workers)

 


 

s 50 28 s 50 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 50 Cancellation of registration as a registered worker 1 (1) The authority may cancel a person's registration under this 2 division if it is satisfied about any of the following-- 3 (a) the person has not been a worker; 4 (b) the person has not, for at least 4 consecutive years, been 5 credited with service in the register of workers or a 6 record kept under a corresponding law; 7 (c) the person's application to become a registered worker 8 should have been refused because information provided 9 in the application was false or misleading. 10 (2) If the authority cancels a person's registration, it must-- 11 (a) give the person an information notice about the 12 cancellation; and 13 (b) remove the person's name from the register of 14 workers-- 15 (i) if an application for reconsideration of the decision 16 or an appeal under part 8 is lodged against the 17 cancellation before the end of 120 days after the 18 day the authority gives the person the information 19 notice--on the day the application or appeal is 20 withdrawn or the cancellation is finally confirmed; 21 or 22 (ii) otherwise--after 120 days from the day the 23 authority gives the person the information notice. 24 (3) However, if a payment for long service leave is made to a 25 person under section 72(2)(a), the authority must 26 immediately-- 27 (a) cancel the person's registration as a registered worker; 28 and 29 (b) give the person an information notice about the 30 cancellation; and 31 (c) remove the person's name from the register of workers. 32 (4) When the person's name is removed from the register of 33 workers-- 34

 


 

s 51 29 s 52 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (a) the person is no longer a registered worker; and 1 (b) the person, or the personal representative of the person, 2 is not entitled to apply for or be paid long service leave 3 for any days' service credited to the person in the 4 register of workers at the time of the removal. 5 (5) This section does not prevent a person whose name has been 6 removed from the register of workers under this section from 7 subsequently becoming a registered worker. 8 Division 2 Registration of employers 9 51 Authority to keep register of employers 10 The authority must keep a register of persons who are 11 registered under section 55 (a register of employers). 12 52 Particulars to be entered into register of employers 13 (1) To the extent the authority has, or is able to obtain, any of the 14 following information about each person who is a registered 15 employer, the authority must enter it in the register of 16 employers in relation to the person-- 17 (a) the person's name; 18 (b) any trading name of the person; 19 (c) the person's ABN, if any; 20 (d) the address of the person's principal place of business; 21 (e) if the person is a corporation-- 22 (i) the address of the corporation's registered office; 23 and 24 (ii) the corporation's ACN; 25 (f) the day the person became registered as an employer; 26 (g) if the person is no longer an employer--the day the 27 person stopped being an employer. 28

 


 

s 53 30 s 53 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) Also, the authority may enter in the register any other 1 information it considers necessary for the administration of 2 this Act. 3 53 Application for registration as a registered employer 4 (1) A person must apply to become a registered employer within 5 7 days after becoming an employer. 6 Maximum penalty--40 penalty units. 7 (2) The application must be in the approved form. 8 (3) The approved form may require an employer-- 9 (a) to state the following-- 10 (i) any name under which the employer is or has been 11 engaged in the contract cleaning industry; 12 (ii) any business address of the employer; 13 (iii) any place a record mentioned in section 66 may be 7 14 inspected during normal business hours; and 15 (b) to give other information or produce documents the 16 authority considers are relevant to the administration of 17 this Act. 18 (4) The authority may, by notice, ask the applicant to do 1 or both 19 of the following within a reasonable time stated in the 20 notice-- 21 (a) give further information or documents relevant to the 22 application; 23 (b) verify information or documents forming part of the 24 application including, if asked, by statutory declaration. 25 (5) The applicant must comply with a request made under 26 subsection (4) within the stated time, unless the applicant has 27 a reasonable excuse. 28 Maximum penalty for subsection (5)--40 penalty units. 29 7 Section 66 (Employer to keep record for each worker)

 


 

s 54 31 s 57 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 54 Court order about application for registration as a 1 registered employer 2 (1) If a court finds a person guilty of an offence against 3 subsection (2) or section 53(1) (whether or not a conviction is 4 recorded), in addition to imposing a penalty on the person, the 5 court may order the person to apply to the authority, within a 6 stated time, under section 53 to become a registered employer. 7 (2) A person against whom an order under subsection (1) has 8 been made must comply with the order, unless the person has 9 a reasonable excuse. 10 Maximum penalty for subsection (2)--40 penalty units. 11 55 Grant or refusal to grant application for registration as a 12 registered employer 13 If a person applies to the authority to become a registered 14 employer under section 53, the authority must-- 15 (a) consider the application; and 16 (b) either-- 17 (i) grant the application and enter the person's name 18 in the register of employers; or 19 (ii) refuse to grant the application and give the person 20 an information notice about the refusal. 21 56 Employer to give notice of a change to information given 22 A person who is a registered employer must give notice to the 23 authority about a change to the information provided under 24 section 52(1)(a) to (e) about the person within 14 days after 25 the change happens. 26 Maximum penalty--40 penalty units. 27 57 Cancellation of registration as a registered employer 28 (1) If a registered employer stops engaging workers to perform 29 cleaning work in the contract cleaning industry, the registered 30

 


 

s 58 32 s 58 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 employer may, by notice, apply to the authority for 1 cancellation of the registration. 2 (2) If the authority refuses to cancel the registered employer's 3 registration, the authority must give the registered employer 4 an information notice about the refusal. 5 Division 3 Power to ensure employers are 6 registered 7 58 Authority may require information or documents from 8 employer 9 (1) This section applies if the authority believes a person is or was 10 an employer, but is not a registered employer. 11 (2) The authority may, by notice given to the person, require the 12 person to give the authority the information or documents 13 stated in the notice that are necessary to enable the authority 14 to decide whether the person is or was an employer in the 15 contract cleaning industry. 16 (3) The notice may state a time, that must be reasonable in the 17 circumstances, within which the information or documents 18 must be given to the authority. 19 (4) The person must comply with the notice within the stated 20 time, unless the person has a reasonable excuse. 21 Maximum penalty--40 penalty units. 22 (5) If the person is an individual, it is a reasonable excuse for the 23 person not to comply with the requirement if complying with 24 the requirement might tend to incriminate the person. 25 (6) If a court finds that a person has contravened subsection (4), 26 in addition to an order the court may make imposing a 27 penalty, the court may make another order the court considers 28 appropriate. 29 (7) The person must comply with the order unless the person has 30 a reasonable excuse. 31 Maximum penalty for subsection (7)--40 penalty units. 32

 


 

s 59 33 s 60 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 5 Service credits, returns and 1 notices 2 59 What is an engagement period for a worker 3 (1) An engagement period, for a worker, is a period that-- 4 (a) starts on the day a person is engaged by an employer as 5 a worker; and 6 (b) ends on the day the person stops being engaged by an 7 employer as a worker. 8 (2) For subsection (1), it is not relevant whether the employer 9 who engages the person as a worker is the employer who 10 stops engaging the person as a worker. 11 (3) Also engagement period, for a worker, is taken to include any 12 day that the person who is or was a worker did not perform 13 cleaning work because-- 14 (a) the person had been dismissed by the person's employer 15 for the period to ensure the person did not take long 16 service leave during the employer's employment; or 17 (b) the person-- 18 (i) sustained an injury, within the meaning of the 19 Workers' Compensation and Rehabilitation Act 20 2003, section 32 while performing work for an 21 employer; and 22 (ii) the person could not perform work for the 23 employer in the contract cleaning industry because 24 of the injury. 25 60 Crediting service 26 (1) If a worker performs any cleaning work in a return period, the 27 worker must be credited in the register of workers with 1 day's 28 service for each day in the return period, whether or not the 29 worker performed cleaning work on a particular day. 30

 


 

s 61 34 s 61 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 1 Examples for subsection (1)-- 2 1 If a return period is 92 days in length and a worker only performs 3 cleaning work on 1 day each week during the 92 day period, the 4 worker must be credited with 92 days service in the register of 5 workers for the return period, even though the worker only 6 performed cleaning work on 13 of the days. 7 2 If there are 4 return periods during a worker's engagement period, 8 and the worker only performs cleaning work during 3 of the return 9 periods, the worker will be credited with service for the total 10 number of days in each of the 3 return periods during which the 11 worker performed the cleaning work. (2) However, a worker must not be credited in a return period for 12 a day that is not part of an engagement period for the worker. 13 14 Example for subsection (2)-- 15 If a worker ceases work for an employer on a Monday and is not 16 engaged by another employer to perform cleaning work until the 17 following Thursday, the worker will not be credited in the register of 18 workers with service for the intervening Tuesday and Wednesday. (3) A worker mentioned in section 59(3)(b) must be credited with 19 service as if the worker had performed work in the contract 20 cleaning industry from the day of injury until whichever of the 21 following first happens-- 22 (a) a period of 6 months, after the day of the injury, ends; 23 (b) the worker engages in employment. 24 61 Limitations on crediting service 25 (1) Subject to section 69,8 a person must not be credited in the 26 register of workers with a day's service unless the day is on or 27 after the day the person became a registered worker under 28 section 49. 29 (2) A worker must not be credited in the register of workers with 30 more than 365 days in a financial year, even if a particular 31 financial year has 366 days. 32 8 Section 69 (Retrospective service credits)

 


 

s 62 35 s 62 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (3) The days of service a worker must be credited for in the 1 register of workers must be adjusted to ensure that the total 2 number is not more than 365 days if-- 3 (a) for a financial year, a registered worker would otherwise 4 be entitled to be credited with a number of days of 5 service in the register of workers and a further number 6 of days of service in a like register or record kept under 7 a corresponding law; and 8 (b) the total of the days of service is more than 365 days. 9 (4) The adjustment under subsection (3) must be made when an 10 application is made under this Act or a corresponding law for 11 payment of long service leave for service that includes either 12 or both of the number of days of service mentioned in 13 subsection (3)(a), or at any other time the authority may 14 decide. 15 62 Returns 16 (1) Within 14 days after the end of a return period, a person who 17 is or was an employer during the return period must give to 18 the authority a return in the approved form for the period. 19 Maximum penalty--40 penalty units. 20 (2) For each worker engaged by the person during the return 21 period, the return must include-- 22 (a) the total amount of ordinary wages paid by the employer 23 to the worker during the period for cleaning work 24 performed by the worker; and 25 (b) if the worker's engagement with the person began 26 during the period--the day the engagement period for 27 the worker began; and 28 (c) if the worker's engagement with the person ended 29 during the period--the day the engagement period for 30 the worker ended; and 31 (d) any other information required under a regulation. 32 Maximum penalty--40 penalty units. 33

 


 

s 63 36 s 63 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (3) If asked by the authority, the person must verify the 1 information contained in the return in the way asked by the 2 authority including, if asked, by statutory declaration. 3 Maximum penalty--40 penalty units. 4 (4) An employer must give notice to the authority about a change 5 to information mentioned in subsection (2) within 14 days 6 after the change happens. 7 Maximum penalty--40 penalty units. 8 63 Payments of levy 9 (1) This section applies to a person who is or was an employer 10 during a return period (the employer). 11 (2) Within 14 days after the end of the return period, the employer 12 must pay to the authority the amount of the levy payable for 13 each of the employer's workers for the return period 14 calculated under section 83.9 15 Maximum penalty--60 penalty units. 16 (3) If the employer must pay to the authority additional amounts 17 stated in a notice given to the employer under 18 section 68(4)(b)(ii),10 the employer must pay the stated 19 amounts-- 20 (a) if an application for reconsideration of the decision or 21 an appeal under part 8 is lodged against the payment of 22 the additional amounts--within 14 days after the 23 application is withdrawn or the liability to pay the 24 additional amounts being finally confirmed; or 25 (b) otherwise--14 days after receiving the notice. 26 Maximum penalty--60 penalty units. 27 (4) If a court finds a person guilty of an offence against this 28 section (whether or not a conviction is recorded), in addition 29 to imposing a penalty on the person, the court may order the 30 9 Section 83 (Amount of levy) 10 Section 68 (Decisions about ordinary wages by the authority)

 


 

s 64 37 s 65 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 person to pay to the authority the amounts payable under this 1 section. 2 (5) An amount stated in an order under subsection (4) may be 3 recovered by the authority as a debt owed by the person 4 named in the order. 5 64 Exemption from lodging return 6 (1) An employer may apply to the authority for an exemption 7 from the requirement to give a return under section 6211 in 8 relation to a person who is or was engaged by the employer as 9 a worker. 10 (2) The application must be in the approved form. 11 (3) The authority may grant the exemption if the authority is 12 satisfied-- 13 (a) the employer no longer engages the person to perform 14 cleaning work; or 15 (b) the employer complies with, or makes contributions to, 16 a similar scheme in another State about long service 17 leave payments for the person in relation to the person 18 performing cleaning work. 19 (4) The authority may, by notice to the employer, revoke an 20 exemption granted under subsection (3) if the authority is 21 satisfied the exemption should no longer be given. 22 (5) If the authority refuses to grant an application under 23 subsection (1), or revokes an exemption under subsection (4), 24 the authority must give the employer an information notice 25 about the refusal or revocation. 26 65 Civil penalty for failure to give return or pay levy 27 (1) If a person does not give a return to the authority as required 28 under section 62(1), the person is liable to pay to the authority 29 a civil penalty. 30 11 Section 62 (Returns)

 


 

s 65 38 s 65 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) The amount of the civil penalty is an amount equal to the 1 monetary value (at the time of the initial failure) of 1 penalty 2 unit for each month (or part of a month) from the day after the 3 last day the return should have been given until the day the 4 return is given. 5 (3) If a person does not pay the amount payable to the authority as 6 required under section 63(2), the person is liable to pay to the 7 authority a civil penalty. 8 (4) The amount of the civil penalty is an amount equal to the 9 monetary value (at the time of the initial failure) of 1 penalty 10 unit for each month (or part of a month) from the day after the 11 last day the amount should have been paid until the day when 12 it is paid. 13 (5) The amount payable as a civil penalty under this section-- 14 (a) may be recovered by the authority as a debt; and 15 (b) can not be more than an amount equal to the monetary 16 value (at the time of the initial failure) of 40 penalty 17 units. 18 (6) On application by the person or on its own initiative, the 19 authority may remit all or part of an amount payable as a civil 20 penalty if satisfied-- 21 (a) the person did not directly or indirectly cause the 22 circumstances of the contravention; or 23 (b) it would be fair and reasonable to make the remission 24 given the circumstances. 25 (7) If a court finds a person guilty of an offence against 26 section 62(1) (whether or not a conviction is recorded), in 27 addition to imposing a penalty on the person, the court may 28 order the person to-- 29 (a) pay the authority the amount of the civil penalty payable 30 under subsection (2) to the day of the order, and an 31 amount of interest calculated under section 87 in 32 relation to the amount; and 33 (b) file a return for the relevant period. 34 (8) If a court finds a person guilty of an offence against 35 section 63(2) or (3) (whether or not a conviction is recorded), 36

 


 

s 66 39 s 66 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 in addition to imposing a penalty on the person, the court may 1 order the person to pay the authority-- 2 (a) all or part of the amount the subject of the prosecution; 3 and 4 (b) in relation to an offence against section 63(2)--the 5 amount of the civil penalty payable under subsection (4) 6 to the day of the order and an amount of interest 7 calculated under section 87 in relation to the amount. 8 (9) The amount stated in an order under subsection (7)(a) or 9 subsection (8) may be recovered by the authority as a debt 10 owed by the person named in the order. 11 66 Employer to keep record for each worker 12 (1) For each worker of an employer, the employer must keep a 13 record of the following particulars-- 14 (a) the worker's name, birthday and residential address; 15 (b) if the worker is a registered worker, the registration 16 number of the worker; 17 (c) the days worked by the worker; 18 (d) the ordinary wages earned by the worker for each day 19 worked; 20 (e) the day the worker's service with the employer started; 21 (f) details of long service leave granted to, or taken by, the 22 worker; 23 (g) details of a payment made instead of long service leave 24 to the worker; 25 (h) if the worker is no longer engaged to perform cleaning 26 work for the employer--the day the worker stopped 27 being engaged to perform cleaning work for the 28 employer. 29 Maximum penalty--40 penalty units. 30 (2) The employer must keep the record for at least 6 years after 31 the last entry is made in it. 32 Maximum penalty--40 penalty units. 33

 


 

s 67 40 s 68 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 1 Note-- 2 An authorised officer may require an employer to give the authorised 3 officer a record under section 125. 67 Notice to registered workers about service credits 4 (1) This section applies to a person if the person was a registered 5 worker on 30 June of a financial year. 6 (2) The authority must give to the person a notice stating-- 7 (a) the number of days' service in the contract cleaning 8 industry, as shown in the register of workers, the 9 registered worker was credited with for the financial 10 year; and 11 (b) the total number of days' service in the contract 12 cleaning industry the registered worker was credited 13 with from the day the person became a registered 14 worker to the end of the financial year; and 15 (c) the total amount of ordinary wages paid in the financial 16 year for cleaning work performed by the registered 17 worker. 18 (3) A notice under subsection (2) to a person may be given by 19 allowing the person to access the authority's website to obtain 20 the information mentioned in subsection (2) in relation to the 21 person. 22 68 Decisions about ordinary wages by the authority 23 (1) This section applies if the authority suspects the ordinary 24 wages stated in a return (the return amount) given to the 25 authority by an employer do not accurately reflect the amount 26 of ordinary wages of a particular worker, or all of the workers, 27 of the employer in the return period. 28 (2) After considering all relevant matters, the authority may decide the return amount for the return period is either 29 reasonable or not reasonable. 30 (3) If the authority decides the return amount is not reasonable, 31 the authority must give the employer an information notice 32 about the decision. 33

 


 

s 69 41 s 69 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (4) The information notice must-- 1 (a) state the amount of ordinary wages of the worker or 2 workers for the return period that the authority decides 3 is reasonable; and 4 (b) require the employer to pay-- 5 (i) an amount representing the difference between the 6 amount of levy paid for the return amount and the 7 amount of levy that should have been paid for the 8 amount of ordinary wages decided under 9 paragraph (a); and 10 (ii) additional amounts for which the employer is 11 liable under sections 65(1) and (3) and 87(1). 12 (5) The amount required to be paid under subsection (4)(b) may 13 be recovered by the authority as a debt. 14 69 Retrospective service credits 15 (1) A registered worker, or person who applies to become a 16 registered worker, may apply to the authority for credit for 17 service (retrospective service credit) for a time the worker 18 was engaged in performing cleaning work in the contract 19 cleaning industry during any part of the 5 year period 20 immediately before the commencement. 21 (2) The authority must credit the applicant in the register of 22 workers with the retrospective service credits the authority 23 reasonably considers the applicant is entitled to if-- 24 (a) the authority is satisfied the worker was engaged in 25 performing cleaning work in the contract cleaning 26 industry during any part of the 5 year period 27 immediately before the commencement; and 28 (b) the applicant is, or becomes, a registered worker. 29 (3) However, a registered worker must not be credited with 30 retrospective service credits-- 31 (a) for more than 5 years; or 32 (b) for more than 365 days for any year in the 5 year period; 33 or 34

 


 

s 70 42 s 70 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (c) for a period for which the worker has an entitlement 1 under subsection (4). 2 (4) If a worker, who is entitled to become a registered worker on 3 the commencement, has an entitlement to long service leave 4 under the Industrial Relations Act 1999 from an employer, the 5 liability for the entitlement remains with the employer. 6 (5) The authority must nominate the total amount of the ordinary 7 wages for the period of the retrospective service credits. 8 (6) For calculating the amount of a long service leave payment 9 under section 73, the amount of the ordinary wages nominated 10 by the authority under subsection (5) is taken to have been 11 earned by the worker in a return period. 12 (7) The authority must give the applicant an information notice 13 about the decision and, if the authority credits the registered 14 worker with retrospective service credits, the notice must 15 include-- 16 (a) the amount of retrospective service credits the authority 17 considers the applicant is entitled to be credited with 18 under subsection (2); and 19 (b) the total amount of the ordinary wages the authority has 20 nominated under subsection (5). 21 (8) In this section-- 22 commencement means commencement of this section. 23 employer means an employer of the worker (on or before the 24 commencement) for the period for which the worker applies 25 for retrospective service credit. 26 70 Time frames for application for retrospective service 27 credits 28 (1) An application under section 69(1) must be-- 29 (a) made within 2 years after the commencement of this 30 section; and 31 (b) made in the approved form; and 32 (c) accompanied by evidence that the applicant was 33 engaged in performing cleaning work in the contract 34

 


 

s 71 43 s 71 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 cleaning industry and evidence of the applicant's 1 ordinary wages for the time covered by the application. 2 (2) However, the authority may accept an application made after 3 2 years after the commencement of this section, if the 4 authority considers there are special circumstances in relation 5 to the particular application. 6 (3) The authority may, by notice, ask the applicant to do 1 or both 7 of the following within a reasonable time stated in the 8 notice-- 9 (a) give further information or documents relevant to the 10 application; 11 (b) verify information or documents forming part of the 12 application including, if asked, by statutory declaration. 13 (4) The authority may refuse to grant the application if the 14 applicant, without reasonable excuse, does not give, or verify, 15 the information or documents within the stated time. 16 (5) If the authority refuses to grant the application, the authority 17 must give the applicant an information notice about the 18 refusal. 19 Part 6 Long service leave 20 71 Application for long service leave entitlement 21 (1) A registered worker who has credit for service in the register 22 of workers may apply to the authority for payment for-- 23 (a) all or part of the registered worker's long service leave 24 entitlement under section 72(1); or 25 (b) all of the registered worker's long service leave 26 entitlement under section 72(2)(a). 27 (2) A registered worker may be paid for all or part of the 28 registered worker's long service leave entitlement, without 29 taking long service leave, if-- 30

 


 

s 72 44 s 72 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (a) an award or relevant industrial agreement provides for 1 the registered worker to be paid instead of taking the 2 long service leave; and 3 (b) the registered worker has entered into a signed 4 agreement with the authority to be paid all or part of the 5 entitlement. 6 (3) If the registered worker does not enter into a signed agreement 7 under subsection (2)(b), a payment may be made only if-- 8 (a) the registered worker has accrued 3650 days service in 9 the register of workers; and 10 (b) the industrial commission has ordered the payment 11 under the Industrial Relations Act 1999, section 53(3).12 12 (4) If a registered worker has died and, immediately before the 13 death, the registered worker had an entitlement to long service 14 leave under section 72(1), the registered worker's personal 15 representative may apply to the authority for payment for the 16 entitlement. 17 (5) An application under this section must be in the approved 18 form. 19 (6) If the authority refuses payment in relation to an application 20 for payment under subsection (1) or (4), the authority must 21 give the applicant an information notice about the refusal. 22 72 Entitlement to long service leave 23 (1) If a registered worker has been credited with 3650 days or 24 more service in the register of workers, the registered worker's 25 entitlement to long service leave is-- 26 (a) for each period of 3650 days of service--8.67 weeks; 27 and 28 (b) for each day of service not included in a period of 29 service under paragraph (a)--the proportion of 30 8.67 weeks that the number of days' service bears to 31 3650 days. 32 12 Industrial Relations Act 1999, section 53 (Payment instead of long service leave)

 


 

s 73 45 s 73 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) A worker is entitled to a proportionate payment for long 1 service leave if the worker has been credited with at least 2 2555 days service in the register and-- 3 (a) intends to permanently stop performing cleaning work 4 in the contract cleaning industry; or 5 (b) dies. 6 (3) Long service leave does not include a public holiday that 7 happens during the long service leave taken by the registered 8 worker. 9 73 Amount of long service leave payment 10 (1) Subject to sections 72 and 74, the authority must pay to an 11 applicant for payment of a long service leave entitlement 12 under section 71 an amount for long service leave calculated 13 using the formula-- 14 R S 0.867 ----- - 15 52 where-- 16 S means the amount calculated by adding together each 17 amount of the registered worker's moderated wages for each 18 return period in which the registered worker was credited with 19 service in the register of workers. 20 R means the annual rate of pay that is payable for the 21 classification level at the time the application under section 71 22 is made. 23 (2) The authority must pay the applicant for a public holiday that 24 happens during the long service leave taken by the applicant. 25 (3) Unless it is likely to be the last payment for a long service 26 leave entitlement paid to the applicant by the authority, the 27 authority must not pay the applicant for a period of long 28 service leave that is less than 5 days. 29 (4) In this section-- 30 classification level means a classification level under an 31 award or relevant industrial agreement prescribed under a 32 regulation. 33

 


 

s 74 46 s 75 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 moderated wages, of a registered worker for a return period, 1 means the ordinary wages earned by the registered worker 2 during the return period divided by the annual rate of pay that 3 is payable for the classification level at the end of the return 4 period. 5 74 Long service leave not payable in particular cases 6 A registered worker is not entitled to be paid for a long service 7 leave entitlement for a day's service that is credited to the 8 registered worker in the register of workers if a payment for 9 the entitlement, or a payment for the day's service under 10 section 75, has already been made under this or another Act, 11 or an award or relevant industrial agreement. 12 75 Payments to employers 13 (1) This section applies if a registered worker has been paid all or 14 part of the registered worker's long service leave entitlement 15 by an employer for a period when the registered worker was 16 engaged in performing cleaning work in the contract cleaning 17 industry. 18 (2) This section also applies if a registered worker has died and 19 the registered worker's personal representative has been paid 20 all or part of the registered worker's long service leave 21 entitlement by an employer for a period when the registered 22 worker was engaged in performing cleaning work in the 23 contract cleaning industry. 24 (3) On application by the employer who paid the registered 25 worker's long service leave entitlement, the authority must 26 pay to the employer an amount calculated using the formula-- 27 R- S 0.867 ----- 28 52 where-- 29 S means the amount calculated by adding together each 30 amount of the registered worker's moderated wages for each 31 return period in which the registered worker was credited with 32 service in the register of workers. 33

 


 

s 75 47 s 75 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 R means the annual rate of pay that was payable for the 1 classification level at the time the long service leave 2 entitlement was paid by the employer. 3 4 Note-- 5 An employer is not entitled to be paid an amount under this section for a 6 period for which retrospective service credits were credited as 7 mentioned in section 69(2). (4) An application under subsection (3) must be made-- 8 (a) in the approved form; and 9 (b) within-- 10 (i) 3 months after the entitlement was paid; or 11 (ii) a longer period allowed by the authority, of not 12 more than 2 years, after the entitlement was paid. 13 (5) However, the employer is not entitled to be paid under this 14 section-- 15 (a) an amount that is more than the amount paid by the 16 employer for the registered worker for the period 17 mentioned in subsection (1) or (2); or 18 (b) an amount for a period the registered worker was 19 engaged by the employer if the registered worker has 20 been paid the registered worker's long service leave 21 entitlement for the period by someone other than the 22 employer. 23 (6) Despite section 50(1)(a),13 for a worker whose name has been 24 removed from the register of workers under that provision, an 25 employer is entitled to be paid an amount the employer would 26 have been entitled to be paid under this section if the worker's 27 name had not been removed. 28 (7) An employer is entitled to be paid for a public holiday that 29 happens during the long service leave taken by a registered 30 worker. 31 (8) In this section-- 32 13 Section 50 (Cancellation of registration as a registered worker)

 


 

s 76 48 s 76 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 classification level means a classification level under an 1 award or relevant industrial agreement prescribed under a 2 regulation. 3 moderated wages, of a registered worker for a return period, 4 means the ordinary wages earned by the registered worker 5 during the return period divided by the annual rate of pay that 6 is payable for the classification level at the end of the return 7 period. 8 76 If employer unable to pay benefit 9 (1) This section applies if the authority is satisfied that-- 10 (a) a registered worker is, or was immediately before the 11 registered worker's death, entitled to long service leave, 12 other than under this Act, for a period when the 13 registered worker was engaged in performing cleaning 14 work in the contract cleaning industry; and 15 (b) the employer who is liable to pay the entitlement can not 16 pay the full amount of the entitlement. 17 (2) The employer may pay to the authority the amount (the paid 18 amount) that represents the amount of the entitlement, less an 19 amount the employer would have been entitled to be paid 20 under section 75 if the employer had paid the full amount of 21 the entitlement to the registered worker or the personal 22 representative of the registered worker. 23 (3) If the employer pays the paid amount to the authority-- 24 (a) the authority must pay the amount of the registered 25 worker's long service leave entitlement mentioned in 26 subsection (1)(a) to-- 27 (i) the registered worker; or 28 (ii) if the registered worker has died--the personal 29 representative of the registered worker; and 30 (b) the employer is taken to have complied with whichever 31 of the following sections applies to the employer for the 32 amount of the entitlement the employer is required to 33 pay the registered worker-- 34

 


 

s 77 49 s 78 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (i) the Industrial Relations Act 1999, section 46;14 1 (ii) the Industrial Relations Act 1999, section 49. 15 2 77 Authority may pay if employer insolvent 3 (1) This section applies if-- 4 (a) the employer of a registered worker is or becomes an 5 insolvent under administration, or an 6 externally-administered body corporate, within the 7 meaning of the Corporations Act; and 8 (b) the registered worker has an entitlement to long service 9 leave. 10 (2) The authority may pay to the worker, or the worker's personal 11 representative, the difference between-- 12 (a) the amount of the worker's long service leave 13 entitlement under this Act; and 14 (b) an amount the worker or personal representative has 15 received from or on behalf of the employer for the 16 worker's long service leave entitlement under this Act. 17 78 If credit for service accrued elsewhere 18 (1) A person who is a registered worker may apply to the 19 authority for payment by the authority of a long service leave 20 entitlement calculated in a way stated in a corresponding law 21 of a reciprocating State if-- 22 (a) the person-- 23 (i) has, for a period, been engaged in performing 24 cleaning work in the contract cleaning industry in 25 the reciprocating State, or partly in the 26 reciprocating State and partly in Queensland; and 27 14 Industrial Relations Act 1999, section 46 (Payment for long service leave) 15 Industrial Relations Act 1999, section 49 (Payment for long service leave)

 


 

s 78 50 s 78 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (ii) because of the length of the period, is entitled 1 under the corresponding law to a payment of a long 2 service leave benefit; and 3 (b) the person would, if the person had engaged in the work 4 in Queensland for the entire period, have had a long 5 service leave entitlement under section 72.16 6 (2) If a registered worker has died and, immediately before the 7 death, the registered worker was entitled to apply for payment 8 for a long service leave entitlement under subsection (1), the 9 registered worker's personal representative may apply to the 10 authority for the payment. 11 (3) The authority must pay to an applicant under subsection (1) 12 or (2) the amount of the entitlement calculated in the way 13 stated in the corresponding law if the authority is-- 14 (a) satisfied the applicant is entitled under the 15 corresponding law and this Act to the payment; and 16 (b) authorised by the corresponding authority to make the 17 payment. 18 (4) An application for the payment may be included in an 19 application under section 71.17 20 (5) If the authority makes a payment under this section in relation 21 to a period of cleaning work engaged in a reciprocating State, 22 the authority must take all appropriate steps to ensure the 23 authority is reimbursed by the corresponding authority for the 24 payment. 25 (6) An application under this section must be in the approved 26 form. 27 (7) If the authority refuses payment in relation to an application 28 for payment under subsection (1) or (2), the authority must 29 give the applicant an information notice about the refusal. 30 16 Section 72 (Entitlement to long service leave) 17 Section 71 (Application for long service leave entitlement)

 


 

s 79 51 s 81 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 79 If a corresponding authority pays 1 (1) If, under a corresponding law, a corresponding authority pays 2 to a person an amount that, but for the payment, could have 3 been payable for a long service leave entitlement under this 4 Act-- 5 (a) the obligation of the authority to make the payment to 6 the person for the entitlement is discharged; and 7 (b) the authority must reimburse the corresponding 8 authority if the authority is notified about the payment 9 and is satisfied the payment was properly made. 10 (2) The payment of an amount under subsection (1)(b) must be 11 made in the way stated in an agreement entered into under 12 section 14418 for the reciprocating State in which the 13 corresponding authority is established. 14 80 Authority's liability confined to long service leave 15 Despite the authority having paid, paying, or being liable to 16 pay, for a long service leave entitlement under this Act to or 17 for a registered worker, the authority is not-- 18 (a) an employer of the registered worker; or 19 (b) liable to pay amounts as-- 20 (i) an employer of the registered worker; or 21 (ii) a person in a contractual relationship with the 22 registered worker. 23 81 Payment may be deferred 24 (1) A person who applies for a payment for a long service leave 25 entitlement may ask the authority to defer the payment. 26 (2) The authority may defer the payment for a period agreed 27 between the person and the authority. 28 18 Section 144 (Arrangements with other States)

 


 

s 82 52 s 84 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 7 Long service leave levy 1 82 Imposition of levy 2 A long service leave levy is imposed on the ordinary wages of 3 each worker in the contract cleaning industry. 4 83 Amount of levy 5 For each worker, the amount of the levy is the percentage, 6 prescribed under a regulation, of the ordinary wages paid to 7 the worker. 8 84 Authority may give notice if levy is not paid 9 (1) This section applies if the authority believes all or part of the 10 levy has not been paid under section 63(2)19 in relation to the 11 ordinary wages of a worker. 12 (2) The authority may, by notice, require a person the authority 13 believes has information or documents about the ordinary 14 wages, to give the authority the information or documents 15 within a reasonable time stated in the notice. 16 (3) The person must comply with the notice, unless the person 17 has a reasonable excuse. 18 Maximum penalty--60 penalty units. 19 (4) If the person is an individual, it is a reasonable excuse for the 20 person not to comply with the requirement if complying with 21 the requirement might tend to incriminate the person. 22 (5) If a court finds a person has contravened subsection (3), in 23 addition to an order the court may make imposing a penalty, 24 the court may make another order (the other order) the court 25 considers appropriate. 26 (6) The person must comply with the other order, unless the 27 person has a reasonable excuse. 28 Maximum penalty for subsection (6)--60 penalty units. 29 19 Section 63 (Payment of levy)

 


 

s 85 53 s 87 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 85 Additional levy payments 1 (1) This section applies if the levy payable in relation to the 2 ordinary wages of a worker is more than the amount an 3 employer has paid to the authority as levy for the worker. 4 (2) The authority must give the employer a notice requiring the 5 employer to pay the amount (the unpaid amount) decided by 6 the authority that is reasonably attributable to the employer. 7 (3) Within 14 days after receiving the notice, the employer must 8 pay to the authority the unpaid amount stated in the notice. 9 Maximum penalty--60 penalty units. 10 (4) If a court finds a person guilty of an offence against 11 subsection (3) whether or not it convicts the person, in 12 addition to imposing a penalty on the person, the court may 13 order the person to pay the authority the unpaid amount that is 14 reasonably attributable to the employer. 15 (5) The unpaid amount stated in an order under subsection (4) 16 may be recovered by the authority as a debt owed by the 17 person named in the order. 18 86 Appointment of agents for collection of levy amounts 19 (1) The authority may enter into agreements with agents 20 appointed by it for the collection of levy amounts. 21 (2) An agreement with an agent may provide for the payment of 22 remuneration for the agent. 23 (3) This section does not limit any other power of the authority 24 under this Act, including for example, under section 15.20 25 87 Interest on, and extension of time for payment of, levy 26 (1) A levy amount not paid at or before the time for its payment 27 bears compound interest at the rate prescribed under a 28 regulation. 29 (2) Interest forms part of, and may be recovered as, unpaid levy. 30 20 Section 15 (Authority's powers)

 


 

s 88 54 s 89 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (3) On application by an employer and only if the authority is 1 satisfied there are special circumstances, the authority may 2 decide-- 3 (a) the time for payment of all or part of a levy amount be 4 changed to a later stated time; or 5 (b) the amount of interest payable under subsection (1) be 6 waived or reduced by a stated amount. 7 (4) Subsection (3) applies despite sections 63 and 84.21 8 88 Recovery of levy amount 9 (1) A levy amount payable to the authority is a debt payable to it. 10 (2) A levy amount that is not paid may be sued for and recovered 11 by, or for, the authority by a person appointed by it. 12 (3) If it appears to the authority that the levy amount has not been 13 fully paid, the authority may make an assessment of the 14 amount owing. 15 (4) The authority must give a notice of the assessment to the 16 person to whom the assessment relates. 17 89 Penalties no relief from levy 18 A payment of a penalty for an offence against this Act or of a 19 civil penalty under section 65(1) or (3) does not relieve a 20 person from liability to pay a levy or a levy amount to which 21 the person would otherwise be liable. 22 21 Sections 63 (Payments of levy) and 84 (Authority may give notice if levy is not paid)

 


 

s 90 55 s 91 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 8 Appeals 1 Division 1 Purpose of this part 2 90 Purpose of pt 8 3 (1) The purpose of this part is to provide for reconsideration of, 4 and appeals from, the following-- 5 (a) a decision made by the authority in relation to a matter 6 for which this Act provides an application can be made 7 or in relation to a levy or levy amount; 8 (b) an entry in the register of workers made by the 9 authority; 10 (c) an entry in the register of employers made by the 11 authority; 12 (d) a direction or notice given by the authority. 13 (2) A matter mentioned in subsection (1)(a) to (d) is an original 14 decision. 15 Division 2 Internal reconsideration of original 16 decision 17 91 Reconsideration of original decision of authority 18 (1) A person who is aggrieved by an original decision of the 19 authority (an aggrieved person) may apply for a 20 reconsideration of the decision (an application for 21 reconsideration). 22 (2) The application must-- 23 (a) be made in the approved form to the authority-- 24 (i) if the original decision relates to information 25 contained in a notice given to the aggrieved person 26

 


 

s 91 56 s 91 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 under section 67(2)22--within 6 months after the 1 notice is given to the person; or 2 (ii) if the original decision relates to an entry in the 3 register of workers--at any time; or 4 (iii) otherwise--within 45 days after the original 5 decision is made or given; and 6 (b) be supported by enough information to enable the 7 authority to decide the application. 8 (3) However, if the authority is satisfied there are special 9 circumstances, the authority may decide the time for applying 10 for a reconsideration be changed to a later stated time. 11 (4) If the authority decides the employer or a worker of the 12 aggrieved person may have an interest in the application, the 13 authority must give notice of the application (the 14 reconsideration notice) and supporting documents to the 15 employer or worker (the recipient). 16 (5) The reconsideration notice must inform the recipient that 17 submissions on the application may be made to the authority 18 before a stated day at least 14 days after the application is 19 made to the authority. 20 (6) If the recipient makes a submission on the application, the 21 authority must provide a copy of the submission to the 22 aggrieved person and allow the aggrieved person at least 23 7 days after the copy is given to the aggrieved person to make 24 a further submission to the authority. 25 (7) Within 45 days after receiving the application, the authority 26 must-- 27 (a) review the original decision; and 28 (b) consider the application and any submissions properly 29 made; and 30 (c) make a decision (the reconsidered decision) to-- 31 (i) confirm or revoke the original decision; or 32 22 Section 67 (Notice to registered workers about service credits)

 


 

s 92 57 s 92 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (ii) vary the original decision in a way the authority 1 considers appropriate; and 2 (d) give an information notice about the reconsidered 3 decision to the aggrieved person and any recipient of a 4 reconsideration notice. 5 (8) However, the authority is taken to have refused the application 6 for reconsideration if, within 45 days after receiving the 7 application, the authority-- 8 (a) does not give the aggrieved person an information 9 notice about the reconsidered decision; and 10 (b) has not asked the aggrieved person for further 11 information about the reconsideration. 12 (9) If the authority asks for further information about the 13 reconsideration and does not give the aggrieved person an 14 information notice about the reconsidered decision, the 15 authority is not taken to have refused the application for 16 reconsideration until 60 days after the authority receives the 17 application. 18 (10) An application for a reconsideration of an original decision 19 does not stay the decision. 20 (11) Despite the Acts Interpretation Act 1954, section 27A,23 the 21 application must not be dealt with by-- 22 (a) the person who made the original decision; or 23 (b) a person in a less senior office than the person who 24 made the original decision. 25 Division 3 Appeals to industrial magistrate 26 92 Appeal 27 (1) A person aggrieved by a reconsidered decision may appeal to 28 an industrial magistrate. 29 (2) The appeal must be started within 28 days after-- 30 23 Acts Interpretation Act 1954, section 27A (Delegation of powers)

 


 

s 93 58 s 93 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (a) if an information notice about the reconsidered decision 1 is given to the person--the day the information notice is 2 given; or 3 (b) otherwise--the day the authority is, under section 91(8) 4 or (9), taken to have refused the application for 5 reconsideration. 6 (3) In deciding an appeal, the industrial magistrate may-- 7 (a) confirm the decision appealed against; or 8 (b) set aside the decision and substitute another decision; or 9 (c) set aside the decision and return the matter to the 10 authority with directions the industrial magistrate 11 considers appropriate. 12 (4) Without limiting the industrial magistrate's powers under the 13 Industrial Relations Act 1999, in deciding the appeal the 14 industrial magistrate has the same powers as the authority. 15 (5) If the industrial magistrate substitutes another decision, the 16 substituted decision is taken, for this Act, to be the authority's 17 decision, except that it is not an original decision or a 18 reconsidered decision. 19 (6) The industrial magistrate may make an order about costs the 20 magistrate considers just. 21 93 Starting appeal 22 (1) An appeal to an industrial magistrate must be started by filing 23 a notice of appeal with the clerk of the court of the 24 Magistrates Court nearest to the place where the appellant 25 lives or carries on business. 26 (2) The notice of appeal must state-- 27 (a) the decision appealed against; and 28 (b) the material facts relied on in support of the appeal; and 29 (c) the relief sought. 30 (3) The clerk of the court must-- 31 (a) arrange with an industrial magistrate a return day and 32 time for the appeal; and 33

 


 

s 94 59 s 96 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (b) insert the return day and time in the notice. 1 (4) The return day must be at least 10 days after the day the notice 2 is filed. 3 (5) After the clerk of the court has inserted the return day and 4 time in the notice of appeal, the appellant must serve a copy of 5 the notice on the authority and any other party to the appeal at 6 least 5 days before the return day. 7 (6) In this section-- 8 return day means the day the parties are to attend before an 9 industrial magistrate about the appeal. 10 94 Directions 11 An industrial magistrate may issue directions about the 12 conduct of the appeal. 13 95 Where appeal heard 14 (1) An appeal to an industrial magistrate must be heard at the 15 place the notice of appeal is filed unless-- 16 (a) an industrial magistrate at the place directs the appeal 17 may more conveniently be heard by an industrial 18 magistrate at another place; or 19 (b) the parties agree the appeal may more conveniently be 20 heard by an industrial magistrate at another place. 21 (2) The direction may be made on the application of a party or on 22 the industrial magistrate's own initiative. 23 (3) If a direction is made under subsection (1)(a) or the parties 24 agree under subsection (1)(b), an industrial magistrate at the 25 place must adjourn the appeal and send the appeal records to 26 an industrial magistrate at the other place. 27 96 Attendance notice 28 (1) An industrial magistrate may, by notice (attendance notice), 29 require a person to attend at a hearing of the appeal at a stated 30

 


 

s 97 60 s 98 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 time and place for 1 or more of the following reasons until the 1 person is excused-- 2 (a) to give evidence; 3 (b) to produce a stated document or thing; 4 (c) to establish a reasonable excuse claimed for a stated 5 document or thing the person is required to produce. 6 (2) A person given an attendance notice must not, unless the 7 person has a reasonable excuse, fail to-- 8 (a) attend the hearing; or 9 (b) continue to attend the hearing until excused; or 10 (c) produce a document stated in the notice. 11 Maximum penalty--40 penalty units. 12 Division 4 Appeal to industrial commission 13 97 Appeal 14 (1) A person aggrieved by a reconsidered decision of the 15 authority about a decision under section 69(2) or (5)24 may, 16 instead of appealing to the industrial magistrate, appeal to the 17 industrial commission (the commission). 18 (2) The appeal must be started, as required under the rules made 19 under the Industrial Relations Act 1999, within 21 days after 20 the person is given an information notice about the decision 21 being appealed. 22 (3) However, the commission may extend the time for starting an 23 appeal. 24 98 Nature of appeal 25 (1) An appeal to the commission is by way of rehearing on the 26 record. 27 24 Section 69 (Retrospective service credits)

 


 

s 99 61 s 100 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) However, the commission may hear evidence afresh, or hear 1 additional evidence, if the commission considers it 2 appropriate to effectively dispose of the appeal. 3 99 Decision on appeal 4 (1) The commission must deal with an appeal as quickly as 5 possible. 6 (2) The commission may-- 7 (a) confirm the decision appealed against; or 8 (b) set aside the decision and substitute another decision; or 9 (c) set aside the decision and return the matter to the 10 authority with directions the commission considers 11 appropriate. 12 (3) Without limiting the industrial commission's powers under 13 the Industrial Relations Act 1999, in deciding the appeal the 14 industrial commission has the same powers as the authority. 15 (4) Subject to section 100, the commission's decision-- 16 (a) is final and conclusive; and 17 (b) can not be impeached for informality or want of form. 18 Division 5 Appeal to industrial court 19 100 Appeal 20 (1) The authority or a person may appeal to the industrial court 21 under the rules of court governing the practice of the Court 22 against-- 23 (a) a decision of an industrial magistrate in an appeal under 24 section 92(3); or 25 (b) a decision of the commission in an appeal under 26 section 99(2). 27 (2) An appeal under subsection (1) is limited to-- 28

 


 

s 101 62 s 102 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (a) error of law; or 1 (b) excess, or want, of jurisdiction. 2 Part 9 Authorised officers and their 3 powers 4 Division 1 Authorised officers 5 101 Appointment and qualifications 6 (1) The general manager may appoint any of the following 7 persons as an authorised officer-- 8 (a) a public service employee; 9 (b) a person prescribed under a regulation. 10 (2) However, the general manager may appoint a person as an 11 authorised officer only if the general manager is satisfied the 12 person is qualified for appointment because the person has the 13 necessary expertise or experience. 14 (3) The general manager is also an authorised officer. 15 102 Appointment conditions and limit on powers 16 (1) An authorised officer holds office on any conditions stated 17 in-- 18 (a) the authorised officer's instrument of appointment; or 19 (b) a signed notice given to the authorised officer; or 20 (c) a regulation. 21 (2) The instrument of appointment, a signed notice given to the 22 authorised officer or a regulation may limit the authorised 23 officer's powers under this Act. 24 (3) The Minister may place conditions on the general manager's 25 powers as an authorised officer. 26

 


 

s 103 63 s 104 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (4) In this section-- 1 signed notice means a notice signed by the general manager. 2 103 Issue of identity card 3 (1) The general manager must issue an identity card to each 4 authorised officer. 5 (2) The general manager must also have an identity card 6 identifying the general manager as an authorised officer. 7 (3) The identity card must-- 8 (a) contain a recent photo of the authorised officer; and 9 (b) contain a copy of the authorised officer's signature; and 10 (c) identify the person as an authorised officer under this 11 Act; and 12 (d) state an expiry date for the card. 13 (4) This section does not prevent the issue of a single identity 14 card to a person for this Act and other purposes. 15 104 Production or display of identity card 16 (1) In exercising a power under this Act in relation to a person, an 17 authorised officer must-- 18 (a) produce the authorised officer's identity card for the 19 person's inspection before exercising the power; or 20 (b) have the identity card displayed so it is clearly visible to 21 the person when exercising the power. 22 (2) However, if it is not practicable to comply with subsection (1), 23 the authorised officer must produce the identity card for the 24 person's inspection at the first reasonable opportunity. 25 (3) For subsection (1), an authorised officer does not exercise a 26 power in relation to a person only because the authorised 27

 


 

s 105 64 s 106 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 officer has entered a place as mentioned in section 107(1)(b) 1 or (2).25 2 105 When authorised officer ceases to hold office 3 (1) An authorised officer ceases to hold office if any of the 4 following happens-- 5 (a) the term of office stated in a condition of office ends; 6 (b) under another condition of office, the authorised officer 7 ceases to hold office. 8 (2) Subsection (1) does not limit the ways an authorised officer 9 may stop holding office. 10 (3) In this section-- 11 condition of office means a condition on which the authorised 12 officer holds office. 13 106 Return of identity card 14 (1) A person who ceases to be an authorised officer must return 15 the person's identity card to the general manager within 16 21 days after ceasing to be an authorised officer unless the 17 person has a reasonable excuse. 18 Maximum penalty--40 penalty units. 19 (2) However, if the person is the general manager and the person 20 ceases to be the general manager, the person must return the 21 person's identity card to the Minister within 21 days after 22 ceasing to be the general manager unless the person has a 23 reasonable excuse. 24 Maximum penalty--40 penalty units. 25 25 Section 107 (Power to enter places)

 


 

s 107 65 s 108 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Division 2 Procedure for entry 1 107 Power to enter places 2 (1) An authorised officer may enter a place if-- 3 (a) its occupier consents to the entry; or 4 (b) it is a public place and the entry is made when it is open 5 to the public; or 6 (c) the entry is authorised by a warrant; or 7 (d) it is an employer's place of business and is-- 8 (i) open for carrying on the business; or 9 (ii) otherwise open for entry. 10 (2) For the purpose of asking the occupier of a place for consent 11 to enter, an authorised officer may, without the occupier's 12 consent or a warrant-- 13 (a) enter land around premises at the place to an extent that 14 is reasonable to contact the occupier; or 15 (b) enter part of the place the authorised officer considers 16 members of the public ordinarily are allowed to enter 17 when they wish to contact the occupier. 18 (3) For subsection (1)(d), a place of business does not include a 19 part of the place where a person resides. 20 21 108 Entry with consent 22 (1) This section applies if an authorised officer intends to ask an 23 occupier of a place to consent to the authorised officer or 24 another authorised officer entering the place under 25 section 107(1)(a). 26 (2) Before asking for the consent, the authorised officer must tell 27 the occupier-- 28 (a) the purpose of the entry; and 29 (b) that the occupier is not required to consent. 30

 


 

s 109 66 s 109 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (3) If the consent is given, the authorised officer may ask the 1 occupier to sign an acknowledgment of the consent. 2 (4) The acknowledgment must state-- 3 (a) the occupier has been told-- 4 (i) the purpose of the entry; and 5 (ii) that the occupier is not required to consent; and 6 (b) the purpose of the entry; and 7 (c) the occupier gives the authorised officer consent to enter 8 the place and exercise powers under this part; and 9 (d) the time and date the consent was given. 10 (5) If the occupier signs the acknowledgment, the authorised 11 officer must immediately give a copy to the occupier. 12 (6) If-- 13 (a) an issue arises in a proceeding about whether the 14 occupier consented to the entry; and 15 (b) an acknowledgment complying with subsection (4) for 16 the entry is not produced in evidence; 17 the onus of proof is on the person relying on the lawfulness of 18 the entry to prove the occupier consented. 19 109 Application for warrant 20 (1) An authorised officer may apply to an industrial magistrate 21 for a warrant for a place. 22 (2) The authorised officer must prepare a written application that 23 states the grounds on which the warrant is sought. 24 (3) The written application must be sworn. 25 (4) The industrial magistrate may refuse to consider the 26 application until the authorised officer gives the industrial 27 magistrate all the information the industrial magistrate 28 requires about the application in the way the magistrate 29 requires. 30

 


 

s 110 67 s 110 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 1 Example for subsection (4)-- 2 The industrial magistrate may require additional information supporting 3 the written application to be given by statutory declaration. 110 Issue of warrant 4 (1) The industrial magistrate may issue the warrant for the place 5 if the industrial magistrate is satisfied there are reasonable 6 grounds for suspecting-- 7 (a) there is a particular thing or activity (the evidence) that 8 may provide evidence of an offence against this Act; and 9 (b) the evidence is at the place or, within the next 7 days, 10 will be at the place. 11 (2) The warrant must state-- 12 (a) the place to which the warrant applies; and 13 (b) that a stated authorised officer may, with necessary and 14 reasonable help and force-- 15 (i) enter the place and another place necessary for 16 entry to the place; and 17 (ii) exercise the authorised officer's powers under this 18 part; and 19 (c) particulars of the offence that the industrial magistrate 20 considers appropriate in the circumstances; and 21 (d) the name of the person suspected of having committed 22 the offence, unless the name is unknown or the 23 industrial magistrate considers it inappropriate to state 24 the name; and 25 (e) the evidence that may be seized under the warrant; and 26 (f) the hours of the day or night when the place may be 27 entered; and 28 (g) the industrial magistrate's name; and 29 (h) the date and time of the warrant's issue; and 30 (i) the date, within 14 days after the warrant's issue, the 31 warrant ends. 32

 


 

s 111 68 s 111 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 111 Application by electronic communication and duplicate 1 warrant 2 (1) An application under section 109 may be made by phone, fax, 3 email, radio, video conferencing or another form of electronic 4 communication if the authorised officer considers it necessary 5 because of-- 6 (a) urgent circumstances; or 7 (b) other special circumstances including, for example, the 8 authorised officer's remote location. 9 (2) The application-- 10 (a) may not be made before the authorised officer prepares 11 the written application under section 109(2); but 12 (b) may be made before the written application is sworn. 13 (3) The industrial magistrate may issue the warrant (the original 14 warrant) only if the industrial magistrate is satisfied-- 15 (a) it was necessary to make the application under 16 subsection (1); and 17 (b) the way the application was made under subsection (1) 18 was appropriate. 19 (4) After the industrial magistrate issues the original warrant-- 20 (a) if there is a reasonably practicable way of immediately 21 giving a copy of the warrant to the authorised officer, for 22 example, by sending a copy by fax or email, the 23 industrial magistrate must immediately give a copy of 24 the warrant to the authorised officer; or 25 (b) otherwise-- 26 (i) the industrial magistrate must tell the authorised 27 officer the date and time the warrant is issued and 28 the other terms of the warrant; and 29 (ii) the authorised officer must complete a form of 30 warrant including by writing on it-- 31 (A) the industrial magistrate's name; and 32 (B) the date and time the magistrate issued the 33 warrant; and 34

 


 

s 111 69 s 111 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (C) the other terms of the warrant. 1 (5) The copy of the warrant mentioned in subsection (4)(a), or the 2 form of warrant completed under subsection (4)(b) (in either 3 case the duplicate warrant) is a duplicate of, and as effectual 4 as, the original warrant. 5 (6) The authorised officer must, at the first reasonable 6 opportunity, send to the industrial magistrate-- 7 (a) the written application complying with section 109(2) 8 and (3); and 9 (b) if the authorised officer completed a form of warrant 10 under subsection (4)(b)--the completed form of 11 warrant. 12 (7) The industrial magistrate must keep the original warrant and, 13 on receiving the documents under subsection (6)-- 14 (a) attach the documents to the original warrant; and 15 (b) give the original warrant and documents to the clerk of 16 the court of the relevant industrial magistrates court. 17 (8) Despite subsection (5), if-- 18 (a) an issue arises in a proceeding about whether an 19 exercise of a power was authorised by a warrant issued 20 under this section; and 21 (b) the original warrant is not produced in evidence; 22 the onus of proof is on the person relying on the lawfulness of 23 the exercise of the power to prove a warrant authorised the 24 exercise of the power. 25 (9) This section does limit section 109. 26 (10) In this section-- 27 relevant industrial magistrates court, in relation to an 28 industrial magistrate, means the Industrial Magistrates Court 29 the magistrate constitutes under the Industrial Relations Act 30 1999, section 291.26 31 26 Industrial Relations Act 1999, section 291 (Constitution of Industrial Magistrates Court)

 


 

s 112 70 s 113 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 112 Defect in relation to a warrant 1 (1) A warrant is not invalidated by a defect in the warrant or in 2 compliance with section 109, 110 or 11127 unless the defect 3 affects the substance of the warrant in a material particular. 4 (2) In this section-- 5 warrant includes a duplicate warrant mentioned in 6 section 111(5). 7 113 Warrants--procedure before entry 8 (1) This section applies if an authorised officer named in a 9 warrant issued under this part for a place is intending to enter 10 the place under the warrant. 11 (2) Before entering the place, the authorised officer must do or 12 make a reasonable attempt to do the following things-- 13 (a) identify himself or herself to a person present at the 14 place who is an occupier of the place in the way stated 15 in section 104;28 16 (b) give the person a copy of the warrant; 17 (c) tell the person the authorised officer is permitted by the 18 warrant to enter the place; 19 (d) give the person an opportunity to allow the authorised 20 officer immediate entry to the place without using force. 21 (3) However, the authorised officer need not comply with 22 subsection (2) if the authorised officer believes that 23 immediate entry to the place is required to ensure the effective 24 execution of the warrant is not frustrated. 25 (4) In this section-- 26 warrant includes a duplicate warrant mentioned in 27 section 111(5). 28 27 Section 109 (Application for warrant), 110 (Issue of warrant) or 111 (Application by electronic communication and duplicate warrant) 28 Section 104 (Production or display of identity card)

 


 

s 114 71 s 115 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Division 3 Powers of authorised officers after 1 entry 2 114 General powers of authorised officer after entering 3 places 4 (1) This division applies to an authorised officer who enters a 5 place. 6 (2) However if an authorised officer, under section 107(2),29 7 enters a place to ask the occupier's consent to enter premises, 8 this division applies to the authorised officer only if the 9 consent is given or the entry is otherwise authorised. 10 (3) For performing an authorised officer's function under this 11 Act, an authorised officer may do any of the following-- 12 (a) search any part of the place; 13 (b) inspect, measure, test, photograph or film any part of the 14 place or anything at the place; 15 (c) take a thing, or a sample of or from a thing, at the place 16 for analysis, measurement or testing; 17 (d) copy, or take an extract from, a document at the place; 18 (e) take into or onto the place any person, equipment and 19 materials the authorised officer reasonably requires for 20 exercising a power under this division. 21 115 Power to require reasonable help or information 22 (1) An authorised officer may require the occupier of the place, or 23 a person at the place, to give the authorised officer reasonable 24 help, including, for example, by producing a document or 25 giving information, to-- 26 (a) exercise a power under this part; or 27 (b) work out whether this Act is being complied with. 28 29 Section 107 (Power to enter places)

 


 

s 116 72 s 116 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) When making the requirement, the authorised officer must 1 warn the person it is an offence to fail to comply with the 2 requirement unless the person has a reasonable excuse. 3 (3) A person required to give reasonable help under 4 subsection (1) must comply with the requirement, unless the 5 person has a reasonable excuse. 6 Maximum penalty--100 penalty units. 7 (4) If the person is an individual, it is a reasonable excuse for the 8 person not to comply with the requirement if complying with 9 the requirement might tend to incriminate the person. 10 Division 4 Power of authorised officers to 11 seize evidence 12 116 Seizing evidence at place 13 (1) Subsections (2) to (5) apply if-- 14 (a) an authorised officer is authorised to enter a place under 15 section 107(1)30 only with the consent of an occupier or 16 a warrant; and 17 (b) the authorised person enters the place after obtaining the 18 necessary consent or warrant. 19 (2) If the authorised officer enters the place with the occupier's 20 consent, the authorised officer may seize a thing at the place 21 if-- 22 (a) the authorised officer believes the thing is evidence of 23 an offence against this Act; and 24 (b) seizure of the thing is consistent with the purpose of 25 entry as told to the occupier when asking for the 26 occupier's consent. 27 (3) If the authorised officer enters the place with a warrant, the 28 authorised officer may seize the evidence for which the 29 warrant was issued. 30 30 Section 107 (Power to enter places)

 


 

s 117 73 s 118 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (4) The authorised officer may also seize anything else at the 1 place if the authorised officer believes-- 2 (a) the thing is evidence of an offence against this Act; and 3 (b) the seizure is necessary to prevent the thing being-- 4 (i) hidden, lost or destroyed; or 5 (ii) used to continue, or repeat, the offence. 6 (5) Also, the authorised officer may seize a thing at the place if 7 the authorised officer believes it has just been used in 8 committing an offence against this Act. 9 (6) An authorised officer who lawfully enters a place under 10 section 107(1), without the consent of the occupier and 11 without a warrant, may seize a thing at the place if the 12 authorised officer believes the thing is evidence of an offence 13 against this Act. 14 117 Securing seized things 15 Having seized a thing, an authorised officer may-- 16 (a) move the thing from the place where it was seized (the 17 place of seizure); or 18 (b) leave the thing at the place of seizure but take reasonable 19 action to restrict access to it. 20 21 Examples of restricting access to a thing-- 22 sealing a thing and marking it to show access to it is 23 restricted 24 sealing the entrance to a room where the seized thing is 25 situated and marking it to show access to it is restricted 118 Tampering with seized things 26 If an authorised officer restricts access to a seized thing, a 27 person must not tamper, or attempt to tamper, with the thing, 28 or something restricting access to the thing, without an 29 authorised officer's approval. 30 Maximum penalty--40 penalty units. 31

 


 

s 119 74 s 120 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 119 Powers to support seizure 1 (1) To enable a thing to be seized, an authorised officer may 2 require the person in control of it-- 3 (a) to take it to a stated reasonable place by a stated 4 reasonable time; and 5 (b) if necessary, to remain in control of it at the stated place 6 for a reasonable time. 7 (2) The requirement-- 8 (a) must be made by notice; or 9 (b) if for any reason it is not practicable to give the notice, 10 may be made orally and confirmed by notice as soon as 11 practicable. 12 (3) A further requirement may be made under this section about 13 the thing if it is necessary and reasonable to make the further 14 requirement. 15 (4) A person of whom a requirement is made under subsection (1) 16 or (3) must comply with the requirement, unless the person 17 has a reasonable excuse. 18 Maximum penalty for subsection (4)--100 penalty units. 19 120 Receipt for seized things 20 (1) As soon as possible after an authorised officer seizes a thing, 21 the authorised officer must give a receipt for it to the person 22 from whom it was seized. 23 (2) However, if for any reason it is not practicable to comply with 24 subsection (1), the authorised officer must leave the receipt at 25 the place of seizure in a conspicuous position and in a 26 reasonably secure way. 27 (3) The receipt must describe generally the thing seized and its 28 condition. 29 (4) This section does not apply to a thing if it is impracticable or 30 would be unreasonable to give the receipt having regard to the 31 thing's nature, condition and value. 32

 


 

s 121 75 s 123 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 121 Forfeiture of seized things 1 (1) A seized thing is forfeited to the State if the authorised officer 2 who seized the thing-- 3 (a) can not find its owner, after making reasonable 4 inquiries; or 5 (b) can not return it to its owner, after making reasonable 6 efforts. 7 (2) In applying subsection (1)-- 8 (a) subsection (1)(a) does not require the authorised officer 9 to make inquiries if it would be unreasonable to make 10 inquiries to find the owner; and 11 (b) subsection (1)(b) does not require the authorised officer 12 to make efforts if it would be unreasonable to make 13 efforts to return the thing to its owner. 14 15 Example for paragraph (b)-- 16 The owner of the thing has migrated to another country. (3) Regard must be had to a thing's nature, condition and value in 17 deciding-- 18 (a) whether it is reasonable to make inquiries or efforts; and 19 (b) if making inquiries or efforts--what inquiries or efforts, 20 including the period over which they are made, are 21 reasonable. 22 122 Dealing with forfeited things 23 (1) On the forfeiture of a thing to the State, the thing becomes the 24 State's property and may be dealt with by the general manager 25 as the general manager considers appropriate. 26 (2) Without limiting subsection (1), the general manager may 27 destroy or dispose of the thing. 28 123 Return of seized things 29 (1) If a seized thing has not been forfeited, the authorised officer 30 must return it to its owner-- 31

 


 

s 124 76 s 125 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (a) at the end of 6 months; or 1 (b) if a proceeding involving the thing is started within 2 6 months--at the end of the proceeding and any appeal 3 from the proceeding. 4 (2) Despite subsection (1), unless the thing has been forfeited, the 5 authorised officer must immediately return a seized thing to 6 its owner if the authorised officer stops being satisfied its 7 continued retention as evidence is necessary. 8 124 Access to seized things 9 (1) Until a seized thing is forfeited or returned, an authorised 10 officer must allow its owner to inspect it and, if it is a 11 document, to copy it. 12 (2) Subsection (1) does not apply if it is impracticable or would 13 be unreasonable to allow the inspection or copying. 14 Division 5 Other enforcement matters 15 125 Authorised officer may require record kept under s 66 16 (1) An authorised officer may, by notice given to the employer, 17 require the employer to give the authority the record that the 18 employer is required to keep under section 66.31 19 (2) The notice may state a reasonable time within which the 20 record must be given to the authority. 21 (3) The employer must comply with the notice within the stated 22 time, unless the employer has a reasonable excuse. 23 Maximum penalty--40 penalty units. 24 (4) It is not a reasonable excuse that giving the record stated in 25 the notice might tend to incriminate the employer. 26 (5) If a court finds an employer has contravened subsection (3), in 27 addition to an order the court may make imposing a penalty, 28 31 Section 66 (Employer to keep record for each worker)

 


 

s 126 77 s 127 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 the court may make another order the court considers 1 appropriate. 2 (6) The employer must comply with the order unless the 3 employer has a reasonable excuse. 4 Maximum penalty for subsection (6)--40 penalty units. 5 126 False or misleading information 6 (1) A person must not state anything to an authorised officer that 7 the person knows is false or misleading in a material 8 particular. 9 Maximum penalty--100 penalty units. 10 (2) It is enough for a complaint for an offence against 11 subsection (1) to state the statement made was `false or 12 misleading' to the person's knowledge, without specifying 13 which. 14 127 False or misleading document 15 (1) A person must not give to an authorised officer a document 16 containing information the person knows is false or 17 misleading in a material particular. 18 Maximum penalty--100 penalty units. 19 (2) Subsection (1) does not apply to a person who, when giving 20 the document-- 21 (a) informs the authorised officer, to the best of the person's 22 ability, how it is false or misleading; and 23 (b) gives the correct information to the authorised officer if 24 the person has, or can reasonably obtain, the correct 25 information. 26 (3) It is enough for a complaint for an offence against 27 subsection (1) to state the document made was `false or 28 misleading' to the person's knowledge, without specifying 29 which. 30

 


 

s 128 78 s 130 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 128 Obstructing authorised officers 1 (1) A person must not obstruct an authorised officer in the 2 exercise of a power under this Act, unless the person has a 3 reasonable excuse. 4 Maximum penalty--100 penalty units. 5 (2) In this section-- 6 obstruct includes hinder and attempt to obstruct. 7 129 Impersonation of authorised officer 8 A person must not pretend to be an authorised officer. 9 Maximum penalty--100 penalty units. 10 130 Notice of damage 11 (1) This section applies if-- 12 (a) an authorised officer damages property when exercising 13 or purporting to exercise a power; or 14 (b) a person (the other person) acting under the direction of 15 an authorised officer damages property. 16 (2) The authorised officer must promptly give notice of 17 particulars of the damage to the person who appears to the 18 authorised officer to be the owner of the property. 19 (3) If the authorised officer believes the damage was caused by a 20 latent defect in the property or circumstances beyond the 21 authorised officer's or other person's control, the authorised 22 officer may state the belief in the notice. 23 (4) If, for any reason, it is impracticable to comply with 24 subsection (2), the authorised officer must leave the notice in 25 a conspicuous position and in a reasonably secure way where 26 the damage happened. 27 (5) This section does not apply to damage the authorised officer 28 reasonably believes is trivial. 29

 


 

s 131 79 s 132 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (6) In this section-- 1 owner, of property, includes the person in possession or 2 control of it. 3 131 Compensation 4 (1) A person may claim compensation from the authority if the 5 person incurs loss or expense because of the exercise or 6 purported exercise of a power under division 2, 3 or 4.32 7 (2) Without limiting subsection (1), compensation may be 8 claimed for loss or expense incurred in complying with a 9 requirement made of the person under division 2, 3 or 4. 10 (3) Compensation may be claimed and ordered to be paid in a 11 proceeding brought in a court with jurisdiction for the 12 recovery of the amount of compensation claimed. 13 (4) However, a court may order compensation to be paid only if it 14 is satisfied it is fair to make the order in the circumstances of 15 the particular case. 16 132 Executive officers must ensure corporation complies 17 with Act 18 (1) The executive officers of a corporation must ensure the 19 corporation complies with this Act. 20 (2) If a corporation commits an offence against a provision of this 21 Act, each of the corporation's executive officers also commits 22 an offence, namely, the offence of failing to ensure the 23 corporation complies with the provision. 24 Maximum penalty--the penalty for the contravention of the 25 provision by an individual. 26 (3) Evidence the corporation has been convicted of an offence 27 against a provision of this Act is evidence that each of the 28 executive officers committed the offence of failing to ensure 29 the corporation complies with the provision. 30 32 Division 2 (Procedure for entry), 3 (Powers of authorised officers after entry) or 4 (Power of authorised officers to seize evidence)

 


 

s 133 80 s 133 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (4) However, it is a defence for an executive officer to prove-- 1 (a) if the officer was in a position to influence the conduct 2 of the corporation in relation to the offence--the officer 3 exercised reasonable diligence to ensure the corporation 4 complied with the provision; or 5 (b) the officer was not in a position to influence the conduct 6 of the corporation in relation to the offence. 7 (5) In this section-- 8 executive officer, for a corporation, means any person, by 9 whatever name called and whether or not the person is a 10 director of the corporation, who is concerned, or takes part, in 11 the management of the corporation. 12 133 Liability of directors for amounts 13 (1) This section applies if-- 14 (a) a corporation is convicted of an offence against a 15 provision of this Act; and 16 (b) a penalty for the offence is imposed on the corporation; 17 and 18 (c) the amount of the penalty is not paid within the time 19 required for its payment. 20 (2) The liability to pay the penalty attaches to-- 21 (a) each individual who was a director of the corporation 22 when the offence was committed; and 23 (b) each individual who is a director of the corporation 24 when the penalty is imposed. 25 (3) The liability to pay a penalty or an amount applies regardless 26 of the status of the corporation, including for example, that the 27 corporation is being or has been wound up. 28 (4) If the liability attaches to 2 or more persons, the persons are 29 jointly and severally liable. 30

 


 

s 134 81 s 135 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 134 Holders of office to act honestly and with propriety 1 (1) This section applies to a person who-- 2 (a) is a director of a board; or 3 (b) otherwise performs work for the authority. 4 (2) The person must act honestly when exercising powers the 5 person has in relation to the authority. 6 Maximum penalty--40 penalty units. 7 (3) The person must not make improper use of the office the 8 person holds under this Act-- 9 (a) to gain, directly or indirectly, an advantage for the 10 person or another person; or 11 (b) to cause detriment to the authority. 12 Maximum penalty--40 penalty units. 13 (4) A person must not make improper use of information acquired 14 by the person holding or having held an office under this 15 Act-- 16 (a) to gain, directly or indirectly, an advantage for the 17 person or another person; or 18 (b) to cause detriment to the authority. 19 Maximum penalty--40 penalty units. 20 135 Offence of improper disclosure of information 21 (1) A person who, directly or indirectly, records or discloses 22 information obtained in the administration of this Act 23 commits an offence, unless the disclosure is-- 24 (a) authorised or required by this or another Act; or 25 (b) made in connection with the administration of this Act 26 or a corresponding law; or 27 (c) made with the consent of the person to whom the 28 information relates; or 29 (d) ordered by a court in relation to proceedings before it; or 30 (e) authorised by the Minister; or 31

 


 

s 136 82 s 137 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (f) made with other lawful excuse. 1 Maximum penalty--40 penalty units. 2 (2) Without limiting subsection (1), a person who receives 3 information directly or indirectly from a reciprocating State is 4 taken to have obtained the information in the administration of 5 this Act. 6 (3) For subsection (1)(e), the Minister may, in writing, authorise a 7 person to disclose information obtained in the administration 8 of this Act for the purpose, and in the way, stated in the 9 authority if the Minister considers it appropriate to do so. 10 11 Example of a purpose for which information may be disclosed-- 12 Sharing industry and payroll data with other government agencies to 13 facilitate compliance with this Act. (4) In this section-- 14 court includes a tribunal, authority or person having power to 15 require the production of documents or the answering of 16 questions. 17 136 Protection of person from dismissal 18 An employer must not dismiss a person engaged by the 19 employer because the person has given information under this 20 Act to the authority or an authorised officer. 21 Maximum penalty--40 penalty units. 22 Part 10 Proceedings for offences 23 137 Proceedings for offences 24 (1) A prosecution for an offence against this Act is by way of a 25 summary proceeding before an industrial magistrate. 26 (2) A proceeding for an offence against this Act must start-- 27 (a) within 1 year after the commission of the offence; or 28

 


 

s 138 83 s 139 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (b) within 1 year after the offence comes to the 1 complainant's knowledge, but within 2 years after the 2 commission of the offence. 3 (3) A person dissatisfied with a decision of an industrial 4 magistrate in a proceeding brought under subsection (1) who 5 desires to appeal must appeal to the industrial court. 6 (4) The Industrial Relations Act 1999 applies with any necessary 7 changes to a proceeding before an industrial magistrate 8 brought under subsection (1) and to a proceeding on appeal 9 before the industrial court brought under subsection (3). 10 (5) In this section-- 11 person dissatisfied, with a decision in a proceeding, means-- 12 (a) a party to the proceeding; or 13 (b) a person bound by the decision; or 14 (c) if an authorised officer started the proceeding--any 15 authorised officer. 16 138 Powers of industrial magistrate 17 For this Act, an industrial magistrate has all the powers 18 conferred on an industrial magistrate under the Industrial 19 Relations Act 1999, as far as the powers are appropriate for 20 issues to be decided under this Act. 21 139 Evidentiary certificates about returns 22 (1) In a proceeding under this Act, or another Act prescribed 23 under a regulation, a certificate signed by the general manager 24 is evidence of any of the following matters stated in the 25 certificate-- 26 (a) that the authority had, or had not, allowed a stated 27 person an additional stated period to give the authority a 28 return for a stated return period; 29 (b) that a stated person had, or had not, given to the 30 authority a return for a stated return period on or before 31 a stated date. 32

 


 

s 140 84 s 141 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) Unless the contrary is proved, a document purporting to be a 1 certificate under subsection (1) is taken to be a certificate 2 under that subsection. 3 (3) In this section-- 4 stated means stated in the certificate. 5 140 Evidentiary certificates about levy payments 6 (1) In a proceeding under this Act, or another Act prescribed 7 under a regulation, a certificate signed by the general manager 8 is evidence of any of the following matters stated in the 9 certificate-- 10 (a) that a stated levy amount was payable by a stated person 11 for a stated return period; 12 (b) that, on or before a stated date, a stated person had not 13 paid to the authority a stated levy amount that was 14 payable by the person for a stated return period; 15 (c) that, on a stated date, a stated person paid to the 16 authority a stated levy amount that was payable by the 17 person for a stated return period. 18 (2) Unless the contrary is proved, a document purporting to be a 19 certificate under subsection (1) is taken to be a certificate 20 under that subsection. 21 (3) In this section-- 22 stated means stated in the certificate. 23 141 Other evidentiary certificates 24 (1) In a proceeding under this Act, or another Act prescribed 25 under a regulation, a certificate signed by the general manager 26 is evidence of any of the following matters stated in the 27 certificate-- 28 (a) a stated document is-- 29 (i) an appointment or approval, or a copy of an 30 appointment or approval; or 31

 


 

s 142 85 s 143 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (ii) a record or document, a copy of a record or 1 document, or an extract from a record or 2 document, kept under this Act; 3 (b) on a stated day, a stated person was or was not listed in 4 the register of employers or the register of workers; 5 (c) on a stated day, an application for registration as an 6 employer under section 53 had, or had not, been 7 received by the authority. 8 (2) Unless the contrary is proved, a document purporting to be a 9 certificate under subsection (1) is taken to be a certificate 10 under that subsection. 11 (3) In this section-- 12 stated means stated in the certificate. 13 142 Other evidentiary provisions 14 (1) In a proceeding under this Act, or another Act prescribed 15 under a regulation-- 16 (a) an appointment of a person under this Act may be 17 presumed to be properly made unless a party, by 18 reasonable notice, requires proof of the appointment; 19 and 20 (b) a signature purporting to be the signature of a person 21 appointed under this Act is evidence of the signature it 22 purports to be. 23 (2) In a complaint starting a proceeding, a statement that the 24 matter of the complaint came to the complainant's knowledge 25 on a stated day is evidence of the matter. 26 143 Penalties to be paid to authority 27 A penalty recovered as a result of a proceeding for an offence 28 against this Act brought by the authority is payable to the 29 authority. 30

 


 

s 144 86 s 146 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Part 11 Miscellaneous 1 144 Arrangements with other States 2 (1) For this Act, the Minister may enter into an agreement about 3 making payments of long service leave to persons performing 4 cleaning work in the contract cleaning industry in another 5 State. 6 (2) Without limiting the matters that may be provided for in the 7 agreement, the agreement may provide for-- 8 (a) the exchange of information, about credits and 9 entitlements to payment, between the authority and an 10 entity in the other State with similar functions; and 11 (b) other matters relating to the payment of long service 12 leave to persons covered by the agreement. 13 (3) The agreement may be amended or repealed by a subsequent 14 agreement under subsection (1). 15 145 Declaration about arrangements with other States 16 (1) A regulation may-- 17 (a) declare a State for which an agreement under 18 section 144 is in force to be a reciprocating State; and 19 (b) declare a law of the State to be a corresponding law for 20 this Act. 21 (2) A declaration under subsection (1)(b) must not be made 22 unless the law of the other State provides for the payment of 23 long service leave to or for persons who are or have been 24 performing cleaning work in the contract cleaning industry in 25 the other State. 26 146 General manager's power of delegation 27 (1) The general manager may delegate all or any of the general 28 manager's powers under this Act to an appropriately qualified 29 member of the Building and Construction Authority's staff. 30 (2) In this section-- 31

 


 

s 147 87 s 150 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 appropriately qualified includes having the qualifications, 1 experience or standing appropriate to exercise the power. 2 3 Example of standing-- 4 The level at which a person is employed within the Building and 5 Construction Authority. 147 Protecting officials from liability 6 (1) An official is not civilly liable for an act done, or omission 7 made, honestly and without negligence under this Act. 8 (2) If subsection (1) prevents a civil liability attaching to an 9 official, the liability attaches instead to the authority. 10 (3) In this section-- 11 official means-- 12 (a) the Minister; or 13 (b) a director of the board; or 14 (c) the general manager; or 15 (d) an authorised officer; or 16 (e) another person involved in the administration of this 17 Act. 18 148 Authority may indemnify person administering Act 19 The authority may indemnify a person, engaged in giving 20 effect to this Act, for the reasonable costs associated with 21 defending a criminal proceeding, if the person is found not 22 guilty of the offence to which the proceeding relates. 23 149 Approved forms 24 The general manager may approve forms for use under this 25 Act. 26 150 Regulation-making power 27 (1) The Governor in Council may make regulations under this 28 Act. 29

 


 

s 151 88 s 152 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 (2) Without limiting subsection (1), a regulation may be made 1 imposing a penalty, not exceeding 20 penalty units, for a 2 contravention of a regulation. 3 Part 12 Transitional provisions 4 151 Relationship with other Acts, awards etc 5 A right or entitlement to long service leave a registered 6 worker has or may have under this Act does not limit any right 7 or entitlement the person has or may have under another Act, 8 award or relevant industrial agreement. 9 10 Note-- 11 Section 74 (Long service leave not payable in particular cases) prevents 12 a registered worker from taking, or being paid for, an entitlement under 13 this Act if the registered worker has already taken, or been paid for, the 14 entitlement under another Act, award or relevant industrial agreement. 152 Funds borrowed from Building and Construction 15 Authority 16 (1) The funds of the authority under section 40(1)33 include funds 17 borrowed from the Building and Construction Authority 18 (borrowed funds). 19 (2) The authority must repay the following amounts to the 20 Building and Construction Authority-- 21 (a) the amount of any borrowed funds; 22 (b) an amount of interest calculated at the monthly yield 23 rate published by the Reserve Bank of Australia in 24 relation to government bonds for a 10 year period on 25 borrowed funds that have not been repaid. 26 (3) The amounts mentioned in subsection (2) must be repaid, as 27 agreed between the authority and the Building and 28 33 Section 40 (Funds of authority)

 


 

s 153 89 s 155 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Construction Authority, but in any event, no later than the day 1 this section expires. 2 (4) This section expires 5 years after it commences. 3 153 Initial proposed budget for 2005-2006 financial year 4 (1) Before 1 August 2005, the authority must give the Minister 5 the details of its proposed budget for the remainder of the 6 2005-2006 financial year. 7 (2) A budget given to the Minister under subsection (1) is to be 8 dealt with as if it were given to the Minister under 9 section 41(1).34 10 154 Registration as an employer if employer at 11 commencement 12 (1) This section applies if a person is an employer at the 13 commencement of section 5335 or becomes an employer 14 within 28 days after the commencement. 15 (2) Despite section 53(1), the person need not comply with that 16 subsection until 35 days after the commencement. 17 Part 13 Consequential amendment 18 155 Amendment of other Act 19 Schedule 1 amends the Act mentioned in it. 20 34 Section 41 (Proposed budget and progress budget reports) 35 Section 54 (Application for registration as a registered employer)

 


 

90 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Schedule 1 Amendment of other Act 1 section 155 2 Building and Construction Industry (Portable Long 3 Service Leave) Act 1991 4 1 Section 32(2)(e), after `Act'-- 5 insert-- 6 `or the Contract Cleaning Industry (Portable Long Service 7 Leave) Act 2005'. 8

 


 

91 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Schedule 2 Dictionary 1 section 5 2 administration, of this Act, includes enforcement of this Act. 3 aggrieved person see section 91(1). 4 application for reconsideration see section 91(1). 5 approved form means a form approved by the general 6 manager under section 149. 7 authorised officer means a person appointed under 8 section 101(1) or the general manager. 9 authority means the Contract Cleaning Industry (Portable 10 Long Service Leave) Authority established under section 13. 11 award means-- 12 (a) an award under the Industrial Relations Act 1999; or 13 (b) an award, AWA or certified agreement under the 14 Workplace Relations Act 1996 (Cwlth). 15 board means the authority's board of directors. 16 Building and Construction Authority means the Building and 17 Construction Industry (Portable Long Service Leave) 18 Authority established under the Building and Construction 19 Industry (Portable Long Service Leave) Act 1991. 20 chairperson means the chairperson of the board appointed 21 under section 17(1)(a). 22 cleaning work see section 6. 23 commission see section 97(1). 24 contract cleaning industry see section 7. 25 conviction, of an offence, means being found guilty of the 26 offence, on a plea of guilty or otherwise, whether or not a 27 conviction is recorded. 28 corresponding authority means an entity that is responsible 29 for the day to day administration of a corresponding law. 30

 


 

92 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Schedule 2 (continued) corresponding law means a law declared to be a 1 corresponding law under section 145(1)(b). 2 deputy chairperson means the deputy chairperson of the 3 board appointed under section 17(1)(b). 4 employer see section 8. 5 engagement period, for a worker, see section 59. 6 find a person guilty of an offence includes accept a plea of 7 guilty for the offence. 8 general manager see section 32. 9 information notice see section 10. 10 levy means the long service leave levy imposed under 11 section 82. 12 levy amount means the total of the following to the extent 13 applicable-- 14 (a) the amount of long service leave levy including an 15 amount payable under section 68 or 85; 16 (b) an additional amount payable in relation to the levy 17 under section 65; 18 (c) an amount payable as interest under section 87. 19 notice means written notice. 20 occupier, of a place, means the owner or lessee of the place or 21 a person apparently in charge of the place. 22 ordinary wages, for a person who is or has been a worker, 23 means the amount of wages paid or payable to the person for 24 cleaning work in the contract cleaning industry under the 25 award or agreement applying to the person for the work, and 26 includes the following payments if payable to the person 27 under the award or agreement-- 28 (a) over-award payments; 29 (b) any weekend and public holiday penalty rates earned by 30 shift workers on normal rostered shifts forming the 31

 


 

93 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Schedule 2 (continued) ordinary hours of duty, other than when worked as 1 overtime; 2 (c) allowances relating to the person's work, other than 3 allowances for expenses incurred by, or for the use of, 4 equipment or a motor vehicle provided by the person. 5 original decision see section 90(2). 6 premises does not include-- 7 (a) the grounds surrounding a building or house; or 8 (b) a swimming pool and the grounds surrounding the 9 swimming pool. 10 Queensland includes Queensland waters. 11 12 Note-- 13 For other laws dealing with the effect of legislation in Queensland 14 waters see-- 15 Acts Interpretation Act 1954, section 9(1) 16 Crimes at Sea Act 2001 17 Off-shore Facilities Act 1986 18 Petroleum (Submerged Lands) Act 1982 reciprocating State means a State declared to be a 19 reciprocating State under section 145(1)(a). 20 reconsidered decision see section 91(7)(c). 21 registered employer means a person who is registered under 22 section 55. 23 registered worker means a person who is registered under 24 section 47 or 48. 25 register of employers see section 51. 26 register of workers see section 44. 27 relevant industrial agreement means-- 28 (a) a certified agreement, as defined under the Industrial 29 Relations Act 1999; or 30

 


 

94 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Schedule 2 (continued) (b) an enterprise flexibility agreement, continued in force 1 under the Industrial Relations Act 1999; or 2 (c) an industrial agreement, as defined under the Industrial 3 Relations Act 1999; or 4 (d) a Queensland workplace agreement, under the 5 Industrial Relations Act 1999, chapter 6, part 2.36 6 return period means a period prescribed under a regulation. 7 worker see section 9. 8 written reference see section 28(6). 9 State of Queensland 2005 36 Industrial Relations Act 1999, chapter 6 (Agreements), part 2 (Queensland workplace agreements)

 


 

AMENDMENTS TO BILL

1 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Contract Cleaning Industry (Portable Long Service Leave) Bill 2005 Amendments agreed to during Consideration 1 Clause 9-- At page 10, line 1, after `contract'-- insert-- `, whether or not the contract is a contract of service'.

 


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