Building and Construction Industry (Portable Long Service Leave) Regulation 2002

Queensland Building and Construction Industry (Portable Long Service Leave) Act 1991 Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Current as at 6 June 2011 NOTE—This is the last reprint before repeal. Repealed by 2013 SL No. 38 s 18 Repealed on 5 April 2013

Information about this reprint This regulation is reprinted as at 6 June 2011. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Matters other than appeals Declaration that persons are not eligible workers for Act, s 3B(1)(c) ...................................... 3 Authority’s trading name—Act, s 8 . . . . . . . . . . . . . . . . . . . . . . . . 3 Fund for building and construction industry training levy payments—Act, s 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Certificate of service—Act, s 47 . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Building and construction work for which no levy is payable—Act, s 70(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Prescribed percentage for levy—Act, s 72 . . . . . . . . . . . . . . . . . . 5 Prescribed cost of work—Act, s 76(3) . . . . . . . . . . . . . . . . . . . . . 6 Prescribed rate of remuneration payable to local government—Act, s 77(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Prescribed amount for additional levy—Act, s 80(6)(b) . . . . . . . . 7 Additional levy—Act, s 80(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Prescribed amount for refund of levy—Act, s 81(2)(c) . . . . . . . . . 7 Refund of levy—Act, s 81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Prescribed amount for approval to pay levy by instalments—Act, s 82(1)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Prescribed interest rate—Act, s 84(1) . . . . . . . . . . . . . . . . . . . . . 8 Declaration of corresponding laws or reciprocating States or Territories—Act, s 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Books, records and particulars—Act, s 92(1) and (2) . . . . . . . . . 9

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Contents Part 3 18 19 20 21 22 23 Part 4 24 Part 5 25 26 Appeals Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal—Act, s 88(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where appeal is to be heard—Act, s 88(3) . . . . . . . . . . . . . . . . . Attendance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance notice must not be contravened . . . . . . . . . . . . . . . . Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for appeals started under repealed regulation Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal started under repealed regulation . . . . . . . . . . . . . . . . . . 9 10 10 10 11 11 12 12 12 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 14 14 15 16 Page 2

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 1 Preliminary [s 1] Building and Construction Industry (Portable Long Service Leave) Regulation 2002 [as amended by all amendments that commenced on or before 6 June 2011] Part 1 Preliminary 1 Short title This regulation may be cited as the Building and Construction Industry (Portable Long Service Leave) Regulation 2002 . Part 2 Matters other than appeals 2 Declaration that persons are not eligible workers for Act, s 3B(1)(c) For the Act, section 3B(1)(c), a worker is not an eligible worker if the worker engages in— (a) work of a type covered by wage group C1, C2(A), C2(B), C3 or C4 of the Engineering Award—State; or (b) work that, if performed under a contract of service, would be work of a type covered by wage group C1, C2(A), C2(B), C3 or C4 of the Engineering Award—State. Editor’s note — A copy of the award is available at <www.wageline.qld.gov.au>. 3 Authority’s trading name—Act, s 8 The trading name ‘QLEAVE’ is prescribed for the authority. Current as at 6 June 2011 Page 3

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 2 Matters other than appeals [s 4] 4 Fund for building and construction industry training levy payments—Act, s 33 The trustees of the Building and Construction Industry Training Fund (Qld) is the entity to which amounts of building and construction industry training levy must be paid. Editor’s note — See section 32 (Funds of authority) of the Act. 5 Certificate of service—Act, s 47 (1) This section states requirements for giving the authority a certificate of service for the worker under section 47(1)(a) of the Act. (2) A certificate must be given in the approved form. (3) If the worker is engaged as at 30 June in any financial year, a certificate must be given within 1 month after that day. (4) If the worker stops work before 30 June in any financial year, a certificate must be given within 1 month after the worker stopped work. (5) A certificate of service given under subsection (3) is to be for the financial year ending on the relevant 30 June. (6) A certificate of service given under subsection (4) is to be for the period— (a) starting on the last 1 July before the worker stopped work; and (b) ending on the day the worker stopped work. 6 Building and construction work for which no levy is payable—Act, s 70(2) (1) Levy is not payable for building and construction work if the cost of the work is less than $80000. (2) Also, levy is not payable for building and construction work, or a part of building and construction work, to be carried out Page 4 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 2 Matters other than appeals [s 7] for a prescribed entity by persons engaged under a contract of service with the entity. (3) However, if persons other than those mentioned in subsection (2) carry out building and construction work for the prescribed entity, levy is payable in relation to the percentage of the cost of the building and construction work that is not carried out by persons mentioned in subsection (2). (4) Also, levy is not payable under section 66(c) of the Act for building and construction work at— (a) a coal mine to which the Coal Mining Safety and Health Act 1999 applies; or (b) a mine to which the Mining and Quarrying Safety and Health Act 1999 applies; or (c) operating plant, within the meaning of the Petroleum and Gas (Production and Safety) Act 2004 , on land the subject of— (i) a 1923 Act petroleum tenure under the Petroleum Act 1923 ; or (ii) a petroleum authority under the Petroleum and Gas (Production and Safety) Act 2004 ; or (iii) a GHG authority under the Greenhouse Gas Storage Act 2009 ; or (d) a facility or plant used for geothermal exploration, within the meaning of the Geothermal Exploration Act 2004 , section 132A(1), if the facility or plant is used for drilling or drilling related purposes. (5) In this section— prescribed entity means— (a) a government entity; or (b) a local government. 7 Prescribed percentage for levy—Act, s 72 For section 72 of the Act, the prescribed percentage is— Current as at 6 June 2011 Page 5

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 2 Matters other than appeals [s 8] (a) for the building and construction industry training levy—0.1%; and (b) for the long service leave levy—0.3%; and (c) for the work health and safety levy—0.125%. 8 Prescribed cost of work—Act, s 76(3) For section 76(3) of the Act, the prescribed cost is $80000. 9 Prescribed rate of remuneration payable to local government—Act, s 77(3) (1) For section 77(3) of the Act, the prescribed rate for each approved form seen is— (a) $1.70; or (b) a higher amount calculated under subsections (2) to (5). (2) The prescribed rate is adjusted each year on 1 July using the formula— - A ----- C  ----- B --- (3) If, in a particular year, the adjustment of the prescribed rate would reduce the amount of the prescribed rate, the rate is not to be adjusted in that year. (4) In applying the formula for a year— A is the prescribed rate immediately before 1 July in the year. B is the CPI number published for the March quarter in the year. C is the CPI number published for the corresponding quarter in the previous year. (5) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian statistician. Page 6 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 2 Matters other than appeals [s 10] 10 Prescribed amount for additional levy—Act, s 80(6)(b) For section 80(6)(b) of the Act, the prescribed amount is $20000. 11 Additional levy—Act, s 80(8) (1) For section 80(8) of the Act, the additional levy is the total of the amounts worked out by applying the percentages mentioned in section 7 to the difference between the cost of the building and construction work for which levy has been paid and the cost of the work for which levy is payable. (2) The additional levy must be rounded to the nearest dollar, with 50c being rounded downwards. 12 Prescribed amount for refund of levy—Act, s 81(2)(c) For section 81(2)(c) of the Act, the prescribed amount is $20000. 13 Refund of levy—Act, s 81(2) (1) For section 81(2) of the Act, the amount to be refunded is the total of the amounts worked out by applying the percentages mentioned in section 7 to the difference between— (a) the cost of the building and construction work for which levy has been paid; and (b) the cost of the building and construction work when the refund is applied for. (2) However, if the levy was paid at a rate other than the total of the percentages mentioned in section 7, the amount to be refunded is to be worked out at the other rate. (3) The amount to be refunded must be rounded to the nearest dollar, with 50c being rounded downwards. Current as at 6 June 2011 Page 7

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 2 Matters other than appeals [s 14] 14 Prescribed amount for approval to pay levy by instalments—Act, s 82(1)(a) For section 82(1)(a) of the Act, the prescribed amount is $5000000. 15 Prescribed interest rate—Act, s 84(1) For section 84(1) of the Act, the prescribed rate is 2% a month or part of a month. 16 Declaration of corresponding laws or reciprocating States or Territories—Act, s 91 (1) Each of the following States, in relation to which an agreement under section 90 of the Act is in force, is a reciprocating State— (a) Australian Capital Territory; (b) New South Wales; (c) South Australia; (d) Tasmania; (e) Victoria; (f) Western Australia; (g) Northern Territory. (2) Each of the following is a corresponding law under the Act— (a) Long Service Leave (Building and Construction Industry) Act 1981 (ACT); (b) Building and Construction Industry Long Service Payments Act 1986 (NSW); (c) Construction Industry Long Service Leave Act 1987 (SA); (d) Construction Industry (Long Service) Act 1997 (Tas); (e) Construction Industry Long Service Leave Act 1997 (Vic); Page 8 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 3 Appeals [s 17] (f) Construction Industry Portable Paid Long Service Leave Act 1985 (WA); (g) Construction Industry Long Service Leave and Benefits Act 2005 (NT) . 17 Books, records and particulars—Act, s 92(1) and (2) (1) The books and records about workers required to be kept under section 92(1) of the Act are time sheets, attendance records or other records that show the worker’s hours of work. (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 or was 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 the register of workers; and (d) the name of any award under which the worker is, or was, engaged; and (e) the serial number of each certificate of service given to the worker under section 47(1)(a) of the Act; and (f) the periods, and the proportions of the periods, during which the worker performed building and construction work in Queensland. Part 3 Appeals 18 Application of pt 3 This part applies to an appeal to an industrial magistrate under section 88 of the Act. Current as at 6 June 2011 Page 9

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 3 Appeals [s 19] 19 Starting appeal—Act, s 88(3) (1) The appeal must be started by filing a notice of appeal in the approved form with the clerk of the court of the Magistrates Court nearest to the place where the appellant resides or carries on business. (2) The notice of appeal must provide for the appellant to state— (a) the decision or other matter appealed against; and (b) the material facts relied on in support of the appeal; and (c) the relief sought. (3) The clerk of the court must— (a) arrange with an industrial magistrate a return day and time for the appeal; and (b) insert the return day and time in the notice. (4) The return day must be at least 10 days after the day the notice is filed. (5) The appellant must, after the clerk of the court has inserted the return day and time in the notice of appeal, serve a copy of the notice on the authority and any other party to the appeal at least 5 days before the return day. (6) In this section— return day means the day the parties are to attend before an industrial magistrate about the appeal. 20 Directions The appeal must be conducted in accordance with the directions of an industrial magistrate. 21 Where appeal is to be heard—Act, s 88(3) (1) The appeal is to be heard by an industrial magistrate at the place the notice of appeal is filed unless— Page 10 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 3 Appeals [s 22] (a) an industrial magistrate at the place directs that the appeal may more conveniently be heard by an industrial magistrate at another place; or (b) the parties agree the appeal may more conveniently be heard by an industrial magistrate at another place. (2) The direction may be made on the application of a party or on the industrial magistrate’s own initiative. (3) If a direction is made under subsection (1)(a) or the parties agree under subsection (1)(b), an industrial magistrate at the place must adjourn the appeal and forward all the appeal records to an industrial magistrate at the other place. 22 Attendance notice An industrial magistrate may by a written notice ( attendance notice ), require a person to attend at a hearing of the appeal at a stated time and place until excused, for 1 or more of the following— (a) to give evidence; (b) to produce a stated document or thing; (c) to establish a reasonable excuse claimed for a stated document or thing the person is required to produce. 23 Attendance notice must not be contravened (1) A person who is given an attendance notice must not, unless the person has a reasonable excuse, fail to— (a) attend the hearing; or (b) continue to attend the hearing until excused; or (c) produce a document stated in the notice. Maximum penalty—16 penalty units. (2) It is a reasonable excuse for an individual to fail to produce a document or thing if producing the document or thing might tend to incriminate the individual. Current as at 6 June 2011 Page 11

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Part 4 Repeal [s 24] Part 4 Repeal 24 Repeal The Building and Construction Industry (Portable Long Service Leave) Regulation 1992 is repealed. Part 5 Transitional provisions for appeals started under repealed regulation 25 Definition for pt 5 In this part— repealed regulation means the repealed Building and Construction Industry (Portable Long Service Leave) Regulation 1992 . 26 Appeal started under repealed regulation (1) This section applies if a person has started, but not completed, an appeal under the repealed regulation. (2) The person may complete the appeal as if this regulation had not been made and the repealed regulation were still in force. Page 12 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 6 June 2011. Future amendments of the Building and Construction Industry (Portable Long Service Leave) Regulation 2002 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 6 June 2011 Page 13

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 rv Amendments to none Effective 14 June 2002 Reprint date 14 June 2002 Reprint No. 1A 1B 1C 2 2A 2B 2C Amendments included 2004 SL No. 220 2004 SL No. 288 2005 SL No. 140 2006 SL No. 32 — 2008 SL No. 259 2009 SL No. 308 2011 Act No. 18 Effective 1 January 2005 1 July 2005 10 March 2006 10 March 2006 1 September 2008 11 December 2009 6 June 2011 Notes R1C withdrawn, see R2 Page 14 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Endnotes 5 List of legislation Building and Construction Industry (Portable Long Service Leave) Regulation 2002 SL No. 144 made by the Governor in Council on 13 June 2002 notfd gaz 14 June 2002 pp 697–700 commenced on date of notification exp 1 September 2012 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2004 SL No. 220 notfd gaz 22 October 2004 pp 657–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 2) 2004 SL No. 288 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2005 SL No. 140 notfd gaz 1 July 2005 pp 763–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2006 SL No. 32 notfd gaz 10 March 2006 pp 981–2 commenced on date of notification Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2008 SL No. 259 notfd gaz 15 August 2008 pp 2241–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2009 SL No. 308 notfd gaz 11 December 2009 pp 1187–91 commenced on date of notification Note—A regulatory impact statement was prepared. Current as at 6 June 2011 Page 15

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Endnotes Work Health and Safety Act 2011 No. 18 ss 1–2, pt 18 div 1 sdiv 2 date of assent 6 June 2011 commenced on date of assent (see s 2) 6 List of annotations Declaration that persons are not eligible workers for Act, s 3B(1)(c) s 2 sub 2005 SL No. 140 s 4 Fund for building and construction industry training levy payments—Act, s 33 s 4 sub 2005 SL No. 140 s 5 Certificate of service—Act, s 47 s 5 amd 2005 SL No. 140 s 6 Building and construction work for which no levy is payable—Act, s 70(2) s 6 amd 2005 SL No. 140 s 7; 2011 Act No. 18 s 326 Prescribed percentage for levy—Act, s 72 s 7 amd 2004 SL No. 220 s 4 sub 2005 SL No. 140 s 8 amd 2008 SL No. 259 s 4; 2009 SL No. 308 s 3; 2011 Act No. 18 s 327 Prescribed rate of remuneration payable to local government—Act, s 77(3) prov hdg amd 2009 SL No. 308 s 4(1) s 9 amd 2009 SL No. 308 s 4(2) Prescribed amount for additional levy—Act, s 80(6)(b) prov hdg amd 2006 SL No. 32 s 3(1) s 10 amd 2006 SL No. 32 s 3(2) Additional levy—Act, s 80(8) prov hdg amd 2005 SL No. 140 s 9(1) s 11 amd 2004 SL No. 288 s 4; 2005 SL No. 140 s 9(2) Refund of levy—Act, s 81(2) s 13 amd 2004 SL No. 288 s 5; 2005 SL No. 140 s 10 Prescribed amount for approval to pay levy by instalments—Act, s 82(1)(a) s 14 amd 2005 SL No. 140 s 11 Declaration of corresponding laws or reciprocating States or Territories—Act, s 91 s 16 amd 2006 SL No. 32 s 4 Attendance notice s 22 amd 2009 SL No. 308 s 5 Page 16 Current as at 6 June 2011

Building and Construction Industry (Portable Long Service Leave) Regulation 2002 Endnotes © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 6 June 2011 Page 17