Building and Construction Industry (Portable Long Service Leave) Regulation 1992
BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE
LEAVE) REGULATION 1992
QueenslandBuilding and
Construction Industry (Portable Long Service Leave)Act
1991BUILDINGANDCONSTRUCTIONINDUSTRY(PORTABLELONGSERVICELEAVE)REGULATION1992Reprinted as in force on 14 June 2002(includes amendments up to SL No. 311 of
2000)This is the reprint current on the repeal
dateReprint No. 6CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 14 June 2002. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s
13s 3ABuilding and
Construction Industry (Portable LongService Leave)
Regulation 1992BUILDING AND CONSTRUCTION INDUSTRY(PORTABLE LONG SERVICE LEAVE)REGULATION 1992[as amended by
all amendments that commenced on or before 14 June 2002]1Short titleThis regulation
may be cited as theBuilding and Construction Industry(Portable Long Service Leave) Regulation
1992.3APersons that are
not eligible workers—Act, s 3A(3)(a)Thefollowingclassesofpersonsaredeclarednottobeeligibleworkers—(a)eligible workers mentioned in section
3A(1)(a)1of the Act whosework is of a
type covered by wage group C1, C2(a), C2(b), C3 orC4
of the Engineering Award—State;(b)eligible workers mentioned in section
3A(1)(b) of the Act whosework would, if performed under a
contract of employment, be ofa type covered
by wage group C1, C2(a), C2(b), C3 or C4 of theEngineering
Award—State;(c)eligible workers mentioned in section
3A(1)(a) and (c) of the ActwhoareengagedbyMountIsaMinesLimited(ACNNo. 009 661
447);(d)eligible workers mentioned in section
3A(1) of the Act who areengaged under a contract of employment
with—(i)a local government; or(ii)a government
entity.1Section 3A (Meaning of “eligible
worker”) of the Act
s
3AA4Building and Construction Industry
(Portable LongService Leave) Regulation 1992s43AA Authority’s trading name—Act s
8The trading name ‘QLEAVE’ is prescribed for
the authority.3BFunds for training—Act, s 33(4) and
(5)(1)The amount to be allocated for
training is to be held in trust by thetrustees of the
Building and Construction Industry Training Fund (Qld).(2)The authority must pay the amount for
a financial year to the trusteesby quarterly
advances.(3)When working out the amount of a
quarterly advance in a financialyear—(a)the cost of building and construction
work used to calculate theestimated levy revenue for the
authority’s annual budget for thefinancial year
(the“estimated cost of work”) is to be used;
and(b)an adjustment for the previous quarter
is to be made based on anydifference between—(i)theestimatedcostofworkapportionedtothepreviousquarter;
and(ii)the cost of the
building and construction work mentioned insection 33(2) of
the Act attributable to the previous quarter.(4)A
quarterly advance is to be paid within 30 days after the start of
thequarter.(5)Thissectionappliesfortheperiodfromthecommencementofsection 33 of the Act until 31 December 1998
as if it were a quarter of afinancial
year.4Certificate of service(1)A certificate of service required to
be given under section 47(1)2ofthe Act must be given—(a)in the approved form; and(b)if a worker—2Section 47 (Certificate of service to be
supplied by employers) of the Act
s55s6Building and Construction Industry (Portable
LongService Leave) Regulation 1992(i)is engaged as at 30 June in any
year—within 1 month afterthat day; or(ii)stopsworkbefore30Juneinanyyear—within1monthafter the worker
stopped work.(2)A certificate of service mentioned in
subsection (1)(b)(i) is to be forthe year ending
on the relevant 30 June.(3)A certificate of
service mentioned in subsection (1)(b)(ii) is to be forthe
period—(a)starting on 1 July immediately before
the worker stopped work;and(b)ending on the day the worker stopped
work.5Building and construction work for
which no levy ispayable—Act, s 70(2)(a)(1)Levy
is not payable for building and construction work if the cost
ofthe work is less than $80 000.(2)Levy is not payable for building and
construction work, or a part ofbuilding and
construction work, if—(a)the work is to
be carried out for—(i)a local government; or(ii)a government
entity; and(b)all the persons to be employed on site
in performing the buildingand construction work, or a part of
the building and constructionwork,arepersonsemployedunderacontractofemploymentwith the local
government or government entity.6Long
service leave levyFor section 723of
the Act, the prescribed percentage is 0.075%.3Section 72 (Rate of levy) of the
Act
s
6A6s 6CBuilding and
Construction Industry (Portable LongService Leave)
Regulation 19926APrescribed cost of work for which
government entity must notifythe
authority—Act, s 76(3)For section 76(3)4of
the Act, the prescribed cost is $80 000.6CPrescribed rate of remuneration to local
government and itsyearly CPI adjustment on 1 July—Act, s
77(2)(1)For the purposes of section
77(2)5of the Act, the prescribed rate
foreach approved form seen is—(a)$1.70; or(b)a
higher amount calculated under subsection (2).(2)Theprescribedrateisadjustedeachyearon1Julyusingtheformula—-A-----x-----B--C.(3)If, in a
particular year, the adjustment of the prescribed rate wouldreduce the amount of the prescribed rate, the
rate is not to be adjusted inthat year.(4)In the formula—“A”is
the prescribed rate immediately before 1 July in a year.“B”is the CPI number published for the
March quarter in that year.“C”istheCPInumberpublishedforthecorrespondingquarterintheprevious
year.(5)In this section—“CPI”means the all groups consumer price index
for Brisbane publishedby the Australian statistician.4Section 76 (Government entity to
notify of building and construction work) of theAct5Section 77 (Duty
of assessment manager to sight approved form) of the
Act
s
77s 11Building and
Construction Industry (Portable LongService Leave)
Regulation 19927Prescribed amount—Act, s
80(5)(b)For section 80(5)(b)6of
the Act, the prescribed amount is $20 000.8Working out additional levy—Act, s
80(7)(1)For section 80(7) of the Act,
additional levy must be worked out atthe rate of
0.075% of the difference between the cost of the building
andconstruction work for which levy has been
paid and the cost of the work forwhich levy is
payable.(2)The additional levy must be rounded to
the nearest dollar (with 50cbeing rounded
downwards).9Prescribed amount for purposes of s
81(2)(c) of the ActFor the purposes of section 81(2)(c)7of the Act, the prescribed amount
is$20 000.10Working out refund—Act, s 81(2)(1)Forsection81(2)oftheAct,theamounttoberefundedistobeworked out at the
rate of 0.075% of the difference between the cost of thebuilding and construction work as previously
decided by the authority andthe cost of the
work as last decided by the authority.(2)However, if the levy was paid at a rate
other than 0.196% of the costof the building
and construction work, the amount to be refunded is to beworked out at the other rate.(3)Therefundmustberoundedtothenearestdollar(with50cbeingrounded
downwards).11Prescribed amount for purposes of s
82(1) of the ActForthepurposesofsection82(1)8ofthe Act,theprescribedamountis $1
000 000.6Section 80 (Additional provisions
about levy) of the Act7Section 81
(Refunds of levy) of the Act8Section 82 (Payment of levy by instalments)
of the Act
s
128s 14Building and
Construction Industry (Portable LongService Leave)
Regulation 199212Prescribed interest rate for purposes
of s 84(1) of the ActFor the purposes of section
84(1)9of the Act, the prescribed rate is
2%per month or part of a month.13Application for appeal—Act, s
88(2)(1)Anappealtoanindustrialmagistratemustbestartedbyfilinganappeal form.(2)TheformmustbefiledwiththeclerkoftheMagistratesCourtnearest to the place where the appellant
resides or carries on business.(3)The
appellant must state in the form—(a)the
decision or matter appealed against; and(b)the
material facts relied on in support of the appeal; and(c)the relief sought.(4)The
clerk of the court must—(a)arrange with an
industrial magistrate a return day and time forthe appeal;
and(b)notifytheappellantoftheavailabilityoftheappealformforservice.(5)In
this section—“appeal form”means a form
approved under section 18.“return day”means the day
the parties are to attend before an industrialmagistrate about
the appeal.14ServiceAn appellant
must, after being advised of the availability of the appealform
for service, obtain the form from the clerk of the court and, at
least5 days before the return day, serve a copy of
the form on the authority andany other party
to the appeal.9Section 84 (Interest on, and extension
of time for payment of, levy) of the Act
s
159s 17Building and
Construction Industry (Portable LongService Leave)
Regulation 199215Conduct of appeal—Act, s 88(3)(1)The rules of court under theWorkplaceRelationsAct1997apply,with
the necessary changes, to the following things in the same way
theywould apply to an appeal to the Industrial
Court—(a)the way documents are served;(b)the way in which the appeal is to be
conducted;(c)anindustrialmagistrate’spowertosummonwitnessesanddocuments.(2)An
industrial magistrate may, for the circumstances of a
particularcase, make a directions order about the
application of rules.(3)Subsection (1)
is subject to sections 13, 14 and 18.16Where
appeal is to be heard(1)The appeal is to
be heard by an industrial magistrate at the place theappeal form is filed unless—(a)an industrial magistrate at the place
directs the appeal may moreconvenientlybeheardbyanindustrialmagistrateatanotherplace; or(b)the parties agree the appeal may more
conveniently be heard byan industrial magistrate at another
place.(2)If a direction is made under
subsection (1)(a) or the parties make anagreementundersubsection(1)(b),anindustrialmagistrateattheplacemust adjourn the
appeal and forward all relevant records to an industrialmagistrate at the other place.17Directions hearing or noticeAnindustrialmagistratemaycalladirectionshearingormakeadirections order for section 15 or 16—(a)on the application of a party;
or(b)on the magistrate’s own
initiative.
s
1810s 20Building and
Construction Industry (Portable LongService Leave)
Regulation 199218Approval of formsThe Chief
Stipendiary Magistrate may approve the following forms foran
appeal—(a)an appeal form for starting an
appeal;(b)other forms for summonsing witnesses
and documents.19Declaration of reciprocating States or
Territories—Act, s 91ThefollowingStatesandTerritoriesarereciprocatingStatesorTerritories under the Act—(a)New South Wales;(b)South Australia;(c)Victoria;(d)Western Australia;(e)Australian Capital Territory;(f)Tasmania.20Declaration of corresponding law—Act, s
91The following laws of a State or Territory
are corresponding laws underthe Act—(a)BuildingandConstructionIndustryLongServicePaymentsAct 1986(NSW);(b)Construction Industry Long Service Leave Act
1997(Vic);(c)Construction Industry Long Service Leave Act
1987(SA);(d)ConstructionIndustryPortablePaidLongServiceLeaveAct 1985(WA);(e)LongServiceLeave(BuildingandConstructionIndustry)Act
1981(ACT);(f)Construction Industry (Long Service) Act
1997(Tas).
s
2111s 21Building and
Construction Industry (Portable LongService Leave)
Regulation 199221Books, records and particulars—Act, s
92(1) and (2)(1)For section 92(1)10of
the Act, time sheets, attendance records or anyother records
that show the worker’s hours of work must be kept.(2)For section 92(2) of the Act, the
particulars are—(a)the full name, address and date of
birth of each worker who is orwas engaged;
and(b)the type of work performed by each
worker; and(c)if the worker is a registered
worker—the worker’s number in theregister of
workers; and(d)if applicable, the name of the award
under which the worker is,or was, engaged; and(e)theserialnumberofeachcertificateofservicegiventotheworker under
section 47(1)(a) of the Act; and(f)the
periods, and the proportions of the periods, during which
theworkerperformedbuildingandconstructionworkinQueensland.10Section 92 (Keeping, and inspection, of
books and records) of the Act
13Building and Construction Industry
(Portable LongService Leave) Regulation 19924Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.123455A5B66A6BAmendments includednoneto SL No. 441 of 1993to SL
No. 111 of 1994to SL No. 471 of 1994to SL No. 249 of
1995to SL No. 187 of 1997to SL No. 65 of
1998to SL No. 319 of 1998to SL No. 255 of
1999to SL No. 311 of 2000Reprint
date1 July 199220 December
199326 March 199413 January
199529 March 19961 August
199719 August 19988 January
19992 June 200010 January
20015Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged names and titlesReprint
No.56List of
legislationBuilding and Construction Industry (Portable
Long Service Leave) Regulation 1992SL No. 187made
by the Governor in Council on 25 June 1992notfd gaz 26 June
1992 pp 2057–8ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 1992
(see s 2)rep 14 June 2002 (2002 SL No. 144 s
24)amending legislation—BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 1) 1993 SL No. 441notfd
gaz 3 December 1993 pp 1583–6ss 1–2 commenced
on date of notificationremaining provisions commenced 1
January 1994 (see s 2)
14Building and Construction Industry
(Portable LongService Leave) Regulation 1992BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation(No.1)1994SLNo.51(this Actisamended,seeamendinglegislation
below)notfd gaz 18 February 1994 pp 588–92commenced on date of notificationamending legislation—BuildingandConstructionIndustry(PortableLongServiceLeave)Amendment Regulation (No. 2) 1994 SL No. 111
pts 1, 3 (amends 1994SL No. 51 above)notfd gaz 25
March 1994 pp 1228–32ss 1–2 commenced on date of
notificationremaining provisions commenced 18 February
1994 (see s 2)BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 2) 1994 SL No. 111 pts
1–2notfd gaz 25 March 1994 pp 1228–32ss
1–2 commenced on date of notificationremaining
provisions commenced 18 February 1994 (see s 2)BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 3) 1994 SL No. 471notfd
gaz 16 December 1994 pp 1792–7ss 1–2 commenced
on date of notificationremaining provisions commenced 1
January 1995 (see s 2)BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 1) 1995 SL No. 249notfd
gaz 1 September 1995 pp 62–3ss 4–6 commenced
1 October 1995 (see s 2)remaining provisions commenced on date
of notificationBuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 1) 1997 SL No. 187notfd
gaz 27 June 1997 pp 1004–1010ss 1–2 commenced
on date of notificationremaining provisions commenced on 1
July 1997 (see s 2)BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 1) 1998 SL No. 65notfd
gaz 3 April 1998 pp 1425–6ss 1–2 commenced on date of
notificationremaining provisions commenced 1 May 1998
(see s 2)BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 2) 1998 SL No. 319notfd
gaz 4 December 1998 pp 1270–1ss 1–3, 4 (so far
as it inserts s 3B) commenced on date of notification (see s
2)remaining provisions commenced 1 January
1999 (see s 2)
15Building and Construction Industry
(Portable LongService Leave) Regulation 1992BuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 1) 1999 SL No. 255notfd
gaz 5 November 1999 pp 918–21commenced on date
of notificationBuildingandConstructionIndustry(PortableLongServiceLeave)
AmendmentRegulation (No. 1) 2000 SL No. 311notfd
gaz 8 December 2000 pp 1374–7ss 1–2 commenced
on date of notificationremaining provisions commenced 1
January 2001 (see s 2)7List of
annotationsCommencements 2om R5
(see RA s 37)Awardss3amd
1994 SL No. 51 s 3om 1994 SL No. 471 s 4Persons that are
not eligible workers—Act, s 3A(3)(a)prov hdgamd
2000 SL No. 311 s 4(1)s 3Ains 1994 SL No.
51 s 4sub 1998 SL No. 319 s 4amd 2000 SL No.
311 s 4(2)–(3)Authority’s trading name—Act s 8s
3AAins 1999 SL No. 255 s 3Funds for
training—Act, s 33(4) and (5)s 3Bins
1998 SL No. 319 s 4Certificate of services 4amd
1998 SL No. 319 s 5Building and construction work for which no
levy is payable—Act, s 70(2)(a)s 5sub
1993 SL No. 441 s 4; 1994 SL No. 471 s 5; 1998 SL No. 65 s 4;
1998SL No. 319 s 6amd 2000 SL No.
311 s 5Long service leave levys 6sub
1993 SL No. 441 s 4; 1994 SL No. 471 s 5amd 1995 SL No.
249 s 4; 1997 SL No. 187 s 4; 1998 SL No. 65 s 5; 1998SL
No. 319 s 7Prescribed cost of work for which government
entity must notify the authority—Act,s 76(3)prov
hdgamd 2000 SL No. 311 s 6s 6Ains
1993 SL No. 441 s 4sub 1994 SL No. 471 s 5amd 1998 SL No.
65 s 6; 1998 SL No. 319 s 8; 2000 SL No. 311 s 6
16Building and Construction Industry
(Portable LongService Leave) Regulation 1992Prescribed cost of work for which government
entity must notify the Board (s 65C(2)of the
Act)s 6Bins 1993 SL No. 441 s 4om
1994 SL No. 471 s 5Prescribed rate of remuneration to local
authority and its yearly CPI adjustment on1 July—Act, s
77(2)s 6Cins 1993 SL No. 441 s 4Prescribed amount—Act, s 80(5)(b)prov
hdgamd 2000 SL No. 311 s 7s 7sub
1994 SL No. 471 s 6amd 2000 SL No. 311 s 7Working out
additional levy—Act, s 80(7)prov hdgamd
2000 SL No. 311 s 8s 8sub 1994 SL No. 471 s 6amd
1995 SL No. 249 s 5; 1997 SL No. 187 s 5; 1998 SL No. 65 s 7;
1998SL No. 319 s 9; 2000 SL No. 311 s 8Working out refund—Act, s 81(2)s
10sub 1994 SL No. 471 s 7amd 1995 SL No.
249 s 6; 1997 SL No. 187 s 6; 1998 SL No. 65 s 8; 1998SL
No. 319 s 10Application for appeal—Act, s 88(2)s
13ins 1995 SL No. 249 s 7Services
14ins 1995 SL No. 249 s 7Conduct of
appeal—Act, s 88(3)prov hdgamd 1998 SL No.
319 s 11(1)s 15ins 1995 SL No. 249 s 7amd
1998 SL No. 319 s 11(2)Where appeal is to be heards
16ins 1995 SL No. 249 s 7Directions hearing
or notices 17ins 1995 SL No. 249 s 7Approval of formss 18ins
1995 SL No. 249 s 7Declaration of reciprocating States or
Territories—Act, s 91s 19ins 1994 SL No.
111 s 4renum as s 19 (prev s 12A) 1995 SL No. 249 s
8amd 1999 SL No. 255 s 4Declaration of
corresponding law—Act, s 91s 20ins 1994 SL No.
111 s 4renum as s 20 (prev s 12B) 1995 SL No. 249 s
8amd 1998 SL No. 319 s 12; 1999 SL No. 255 s
5
