Coal Mining Industry (Long Service Leave) Administration Act 1992

No. 60, 1992

Compilation No. 24

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Coal Mining Industry (Long Service Leave) Administration Act 1992 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Object 1

4 Interpretation 2

5 Act to bind Crown 6

Part 2—Establishment, functions and powers of Corporation 7

6 Establishment of Corporation 7

7 Functions of Corporation 7

8 Powers of Corporation 8

Part 3—Board of Directors of the Corporation 10

Division 1—Constitution of the Board 10

9 The Board 10

10 Board to manage affairs of Corporation 10

11 Guidelines for managing affairs of Corporation 10

12 Constitution of the Board 10

13 Appointment of Directors 11

14 Appointment of Chairperson and Deputy Chairperson 12

Division 2—Meetings of the Board 14

15 Convening of meetings 14

16 Presiding at meetings 14

17 Quorum 14

18 Voting at meetings 15

19 Conduct of meetings 15

20 Resolutions without meetings 15

21 Records relating to meetings 16

Division 3—Provisions relating to Directors 17

23 Term of appointment 17

24 Remuneration and allowances 17

25 Leave of absence 17

26 Resignation 17

27 Outside employment 18

28 Termination of appointment 18

29 Terms and conditions of appointment not provided for by Act 18

31 Acting Chairperson and acting Deputy Chairperson 18

32 Acting Director 19

Part 4—Staff of the Corporation 21

33 Employees 21

34 Consultants 21

Part 5—Finance 22

35 Transfer of previous Fund to Corporation 22

36 Payments to Corporation 22

37 Borrowing 23

38 Corporation may give security 23

39 Application of the Public Governance, Performance and Accountability Act 2013 24

Part 5A—Entitlement to long service leave 25

Division 1—Entitlement, amount and grant etc. 25

39A Entitlement to long service leave 25

39AA Amount of long service leave 27

39AB Grant of long service leave 29

39AC Payment for long service leave 31

39AD Manner of payment for long service leave 32

39AE Public holidays etc. not to count as long service leave 33

Division 2—Waiver agreements 34

39B Waiver agreements may be made with certain employees 34

39BA Variation of waiver agreements 35

39BB Termination of waiver agreements 36

39BC Approval of waiver agreements and variations by the Corporation 36

39BD Effect of waiver agreements on payroll levy 37

39BE Employer must comply with waiver agreement 38

Division 3—Payments on cessation of employment as an eligible employee 39

39C Payment on cessation—general 39

39CA Payment on cessation—ill health and retirement 40

39CB Payment on cessation—redundancy 40

39CC Payment on death 41

39CD Effect of payment in respect of untaken long service leave 42

39CE Effect of payment in respect of qualifying service 42

Division 4—Remedies relating to long service leave 44

Subdivision A—The Fair Work Commission 44

39D FWC may deal with disputes relating to long service leave 44

Subdivision B—Court orders 44

39DA Employees etc. may apply to court in respect of certain contraventions 44

39DB Orders that can be made by the court 45

Division 5—Relationship with other laws and industrial instruments 47

39E Relationship with the National Employment Standards 47

39EA Relationship with State and Territory long service leave laws 47

39EB Relationship with industrial instruments 47

Division 6—Miscellaneous 48

39F Entitlements and rights in respect of long service leave subject to alteration, cancellation etc. 48

Part 6—The Coal Mining Industry (Long Service Leave) Fund 49

40 Establishment of the Fund 49

41 Application of the Fund 49

42 Investment of the Fund 49

43 Sufficiency of the Fund 50

Part 7—Payments out of the Fund 52

44 Reimbursement for payments relating to long service leave 52

45 Employer Reimbursement Rules 52

47 Reimbursement of overpayment of payroll levy 53

48 Payments to employees if employer insolvent etc. 53

49 Board may determine claims for payment 54

Part 7A—Civil penalties 55

49A Civil penalty provisions 55

49CE Civil penalty provisions contravened by executive officers 56

49CF Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision 56

Part 8—Miscellaneous 58

50 Delegation 58

51 Expenses of Corporation 58

52 Remuneration and allowances of Directors 59

52A Power to require persons to produce information or documents 59

52B Review by the Administrative Review Tribunal 60

52C Conferral of jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) 60

52D Powers of courts 62

54 Regulations 62

55 Review of Act 62

Endnotes 63

Endnote 1—About the endnotes 63

Endnote 2—Abbreviation key 65

Endnote 3—Legislation history 66

Endnote 4—Amendment history 71

An Act to make provision in relation to long service leave in the black coal mining industry, and for other purposes

 1 Preliminary
1 Short title

This Act may be cited as the Coal Mining Industry (Long Service Leave) Administration Act 1992.
2 Commencement 1

Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

 2

Subject to subsection (3), sections 35 and 44 to 49 commence on a day or days to be fixed by Proclamation.

 3

If a section mentioned in subsection (2) does not commence under that subsection within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

 4

Subject to subsection (5), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

 5

If a provision mentioned in subsection (4) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Object

The main object of this Act is to make provision in relation to long service leave in the black coal mining industry by:

 a

establishing a Coal Mining Industry (Long Service Leave Funding) Corporation; and

 ab

providing minimum entitlements and rights in respect of long service leave for eligible employees; and

 b

requiring the Corporation to establish and maintain a Coal Mining Industry (Long Service Leave) Fund and to make payments out of the Fund to employers in the industry to reimburse them for payments made in respect of long service leave; and

 c

(c) appropriating money for the purposes of the Fund in respect of the amounts of payroll levy paid by employers under the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992.
4 Interpretation 1

In this Act, unless the contrary intention appears:

bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.

base rate of pay has the same meaning as in the Fair Work Act 2009.

black coal mining industry has the same meaning as in the Black Coal Mining Industry Award 2010 as in force on 1 January 2010.

Board means the Board of Directors of the Corporation.

Chairperson means Chairperson of the Board.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Corporation means the corporation established by section 6.

covers, in relation to an industrial instrument that is a modern award, enterprise agreement or workplace determination, has the same meaning as in the Fair Work Act 2009.

Deputy Chairperson means Deputy Chairperson of the Board.

Director means a member of the Board.

eligible employee means:

 a

an employee who is employed in the black coal mining industry by an employer engaged in the black coal mining industry, whose duties are directly connected with the day to day operation of a black coal mine; or

 b

an employee who is employed in the black coal mining industry, whose duties are carried out at or about a place where black coal is mined and are directly connected with the day to day operation of a black coal mine; or

 c

an employee permanently employed with a mine rescue service for the purposes of the black coal mining industry; or

 d

a prescribed person who is employed in the black coal mining industry;

but does not include a person declared by the regulations not to be an eligible employee for the purposes of this Act.

eligible wages has the same meaning as in the Payroll Levy Collection Act.

employee means a national system employee as defined in section 13 of the Fair Work Act 2009.

employee organisation has the same meaning as in the Fair Work Act 2009.

employee-representative Director means a Director referred to in subsection 13(4) or (5).

employer means a national system employer as defined in section 14 of the Fair Work Act 2009.

Employer Reimbursement Rules has the meaning given by section 45.

employer-representative Director means a Director referred to in subsection 13(2), (2A) or (3).

enterprise agreement has the same meaning as in the Fair Work Act 2009.

executive officer of a body corporate means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

fair work instrument has the same meaning as in the Fair Work Act 2009.

Federal Court means the Federal Court of Australia.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

Fund means the Coal Mining Industry (Long Service Leave) Fund maintained by the Corporation under section 40.

FWC means the Fair Work Commission.

industrial association has the same meaning as in the Fair Work Act 2009.

industrial instrument means:

Note: For prescription or declaration by class, see subsection 13(3) of the Legislation Act 2003.

 a

a fair work instrument; or

 b

a contract of employment.

insolvent has the same meaning as in the Corporations Act 2001.

LSL credit has the meaning given by subsection 39AB(5).

LSL dispute has the meaning given by subsection 39D(1).

modern award has the same meaning as in the Fair Work Act 2009.

National Employment Standards has the same meaning as in the Fair Work Act 2009.

ordinary hours of work of an eligible employee means:

 a

if an industrial instrument that covers the employee specifies, or provides for the determination of, the ordinary hours of work of the employee—those hours; or

 b

otherwise—the hours agreed by the employee and his or her employer as the employee’s ordinary hours of work;

regardless of the number of hours actually worked by the employee.

payroll levy means the levy imposed by the Payroll Levy Act and includes any amount of additional levy paid under section 7 of the Payroll Levy Collection Act.

Payroll Levy Act means the Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992.

Payroll Levy Collection Act means the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992.

previous Fund means the Coal Mining Industry Long Service Leave Fund established under the States Grants (Coal Mining Industry Long Service Leave) Act 1949.

public holiday has the same meaning as in the Fair Work Act 2009.

qualifying service has the meaning given by section 39A.

quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

salary sacrifice arrangement has the same meaning as in the Payroll Levy Collection Act.

waiver agreement means an agreement made under section 39B and includes such an agreement as varied under section 39BA.

workplace determination has the same meaning as in the Fair Work Act 2009.

 2

(2) A regulation is not to be made prescribing a person for the purposes of paragraph (d) of the definition of eligible employee in subsection (1) unless the prescribing of that person for those purposes has been recommended to the Minister by the Board.
5 Act to bind Crown

This Act binds the Crown in each of its capacities.
2 Establishment, functions and powers of Corporation
6 Establishment of Corporation 1

A corporation, to be known as the Coal Mining Industry (Long Service Leave Funding) Corporation, is established.

 2

The Corporation:

 a

is a body corporate; and

 b

is to have a seal; and

 c

may sue and be sued in its corporate name.

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

 3

The seal of the Corporation is to be kept in such custody as the Board directs, and must not be used except as authorised by the Board.

 4

All courts, judges and persons acting judicially are to take judicial notice of the seal of the Corporation appearing on a document and are to presume that the document was duly sealed.
7 Functions of Corporation

The functions of the Corporation are:

 a

to establish and maintain the Fund; and

 b

to make payments into and out of the Fund, and invest the Fund, in accordance with this Act and the Payroll Levy Collection Act; and

 c

to advise the Minister as to the rates of payroll levy that should be imposed on employers; and

 d

to monitor payments of the payroll levy and keep the Minister informed of any failure by an employer to pay the payroll levy; and

 da

to maintain records relating to:

 i

the employment of eligible employees; and

 ii

the qualifying service completed by, and the long service leave entitlements of, eligible employees; and

 iii

employers of eligible employees; and

 iv

amounts that are, or may become, payable to employers under Part 7; and

 e

to advise the Minister generally on the operation of this Act, the Payroll Levy Act and the Payroll Levy Collection Act; and

 f

such other functions as are conferred on the Corporation by the Payroll Levy Collection Act.
8 Powers of Corporation 1

The Corporation has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:

 a

acquire, hold and dispose of real or personal property; and

 b

enter into contracts; and

 c

occupy, use and control any land or building owned or leased by the Commonwealth and made available for the purposes of the Corporation; and

 d

appoint agents and attorneys; and

 e

do anything incidental to any of its powers.

 2

The power of the Corporation to enter into contracts includes the power to enter into a contract with a person under which that person will administer the Fund on behalf of the Board.

 3

Except with the written consent of the Minister, the Corporation must not enter into a contract under which, or as a result of which, the Corporation would or might be liable to pay, in respect of any one transaction, any commission, brokerage or fee exceeding $100,000 or, if a higher amount is prescribed, that higher amount.

 4

Without derogating from the obligation of the Corporation to comply with subsection (3), the validity of a contract is not affected merely because the contract was entered into in contravention of that subsection.
3 Board of Directors of the Corporation 1 Constitution of the Board
9 The Board

There is to be a Board of Directors of the Corporation.
10 Board to manage affairs of Corporation

Subject to section 8, the Board is to manage the affairs of the Corporation and administer the Fund.
11 Guidelines for managing affairs of Corporation 1

This section does not apply to the investment of the Fund or payments out of the Fund under section 44.

 2

The Board must prepare guidelines for the management of the affairs of the Corporation and submit them to the Minister for approval.

 3

The Minister may approve the guidelines or refer them back to the Board for revision in accordance with the directions of the Minister.

 4

If the guidelines are referred back to the Board, the Board must revise the guidelines and submit the revised guidelines to the Minister for approval.

 5

Subsection (3) applies to revised guidelines submitted under subsection (4) as it applies to guidelines submitted under subsection (2).
12 Constitution of the Board 1

The Board consists of 6 Directors.

 2

The performance of a function or the exercise of a power by the Corporation or the Board is not affected by:

 a

a vacancy in the office of Chairperson or Deputy Chairperson; or

 b

any vacancy in the membership of the Board.
13 Appointment of Directors 1

The Directors are to be appointed by the Minister and hold office on a part-time basis.

 2

One Director is to be appointed to represent the companies engaged in black coal mining in New South Wales or Tasmania.

 2A

One Director is to be appointed to represent the companies engaged in black coal mining in Queensland.

 3

One Director is to be appointed to represent companies engaged in black coal mining in Western Australia.

 4

Two Directors are to be appointed to represent the Mining and Energy Union.

 5

One Director is to be appointed to represent the following organisations:

 a

the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;

 b

the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union;

 c

the Association of Professional Engineers, Scientists and Managers Australia;

 d

the Colliery Officials Association of New South Wales;

 e

the Mine Managers Association of Australia.

 8

If an organisation referred to in subsection (4) or (5):

 a

changes its name; or

 b

merges with another organisation; or

 c

is succeeded by another organisation;

the reference in that subsection to the first-mentioned organisation is taken to be a reference to that organisation under its new name or to the other organisation, as the case requires.

 9

A person to be appointed as a Director as mentioned in subsection (2), (2A), (3), (4) or (5) is to be a person who the Minister considers, after consulting the bodies or organisations that the person is to represent, is suitable to represent those bodies or organisations, as the case may be.
14 Appointment of Chairperson and Deputy Chairperson 1

One of the Directors is to be appointed to be the Chairperson of the Board and another of them to be the Deputy Chairperson of the Board.

 2

The first appointment of the Chairperson and the first appointment of the Deputy Chairperson are to be made by the Minister.

 3

Subsequent appointments are to be made by the Board.

 4

Subject to subsection (5), a Director appointed to be the Chairperson or Deputy Chairperson is to be so appointed for such period not exceeding 4 years as is set out in the instrument of his or her appointment.

 5

In making an appointment under subsection (1) and in fixing the period of such an appointment, the Minister or the Board, as the case may be, must try to ensure, as far as is reasonably practicable, that:

 a

the Chairperson and the Deputy Chairperson are appointed from different categories of Directors; and

 b

the offices of Chairperson and Deputy Chairperson are rotated every 4 years between the two categories of Directors.

 6

For the purposes of subsection (5), employee-representative Directors constitute one category of Directors and employer-representative Directors constitute another category of Directors.
2 Meetings of the Board
15 Convening of meetings 1

The Board is to hold such meetings as are necessary for the efficient performance of its functions.

 2

The Chairperson:

 a

may, at any time, convene a meeting of the Board; and

 b

must, on receipt of a written request from the Minister or at least one Director, convene a meeting of the Board.
16 Presiding at meetings 1

The Chairperson is to preside at all meetings at which he or she is present.

 2

In the absence of the Chairperson:

 a

if the Deputy Chairperson is present—the Deputy Chairperson is to preside; or

 b

otherwise—the Directors present are to elect one of their number to preside.
17 Quorum 1

At a meeting, 4 Directors (including at least 2 employee-representative Directors and 2 employer-representative Directors) constitute a quorum.

 2

(2) If, as a result of the operation of rules made for the purposes of Public Governance, Performance and Accountability Act 2013, it will not or may not be possible to constitute a quorum at a particular meeting as required by subsection (1) of this section, a quorum at that meeting is constituted by such number of Directors (whether or not including any employee-representative Directors or employer-representative Directors) as the Minister, acting on a written recommendation of the Chairperson or, in the absence of the Chairperson, of the Deputy Chairperson, determines.section 29 of the

18 Voting at meetings

At a meeting:

 a

all questions are to be decided by a two-thirds majority of votes of the Directors present and voting, being a majority that includes 2 employee-representative Directors and 2 employer-representative Directors; and

 b

the Director presiding has a deliberative vote but, in the event of an equality of votes, does not have a casting vote.
19 Conduct of meetings

The Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
20 Resolutions without meetings 1

If a two-thirds majority of the Directors (being a majority that includes 2 employee-representative Directors and 2 employer-representative Directors) sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms is taken to have been passed at a duly constituted meeting of the Board held on the day the document was signed, or, if the Directors signed the document on different days, on the last of those days.

 2

For the purposes of subsection (1), 2 or more separate documents containing statements in identical terms each of which is signed by one or more Directors are together taken to constitute one document containing a statement in those terms signed by those Directors on the respective days on which they signed the separate documents.

 3

A Director must not sign a document containing a statement in favour of a resolution if the resolution concerns a matter in which the Director has a material personal interest.
21 Records relating to meetings

The Board is to keep minutes of its meetings and records of resolutions taken to have been passed in accordance with section 20.
3 Provisions relating to Directors
23 Term of appointment

A Director is to be appointed for a period not exceeding 4 years, but is eligible for re-appointment.
24 Remuneration and allowances 1

A Director is to be paid such remuneration as is determined by the Remuneration Tribunal or, if no determination is in operation, such remuneration as is prescribed.

 2

A Director is to be paid such allowances as are prescribed.

 3

(3) This section has effect subject to the Remuneration Tribunal Act 1973.
25 Leave of absence 1

The Minister may grant leave of absence to the Chairperson on such terms and conditions as to remuneration or otherwise as the Minister considers appropriate.

 2

The Chairperson may grant leave of absence to another Director on such terms and conditions as to remuneration or otherwise as the Chairperson considers appropriate.
26 Resignation 1

A Director may resign by writing signed by the Director and delivered to the Minister.

 2

The Chairperson or Deputy Chairperson may resign from the office of Chairperson or Deputy Chairperson by writing signed by him or her and delivered to the Minister but a resignation from such an office does not affect his or her appointment as a Director.
27 Outside employment

A Director must not engage in any paid employment that, in the Minister’s opinion, conflicts with the proper performance of the Director’s functions.
28 Termination of appointment 1

The Minister may terminate a Director’s appointment for misbehaviour or physical or mental incapacity.

 2

The Minister may terminate a Director’s appointment if:

 a

the bodies or organisations that the Director was appointed to represent request the Minister in writing to terminate the appointment; or

 b

the Director becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

 c

the Director fails, without reasonable excuse, to comply with an obligation imposed by subsection 20(3) or section 27.

Note: The appointment of a Director may also be terminated under Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).section 30 of the

29 Terms and conditions of appointment not provided for by Act

A Director holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.
31 Acting Chairperson and acting Deputy Chairperson 1

If:

 a

there is a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

 b

the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his or her office;

the Deputy Chairperson is to act as Chairperson.

Note: For rules that apply to persons acting as the Chairperson, see Acts Interpretation Act 1901.section 33A of the

2

The Minister may appoint a Director to act as Deputy Chairperson:

 a

during a vacancy in the office of Deputy Chairperson, whether or not an appointment has previously been made to that office; or

 b

during any period, or during all periods, when the Deputy Chairperson is absent from duty or from Australia, is acting as Chairperson or is, for any other reason, unable to perform the duties of his or her office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

3

The Minister may determine the terms and conditions, other than terms and conditions relating to remuneration and allowances, applying to a person acting as Chairperson or as Deputy Chairperson.

 4

A person acting as Chairperson or as Deputy Chairperson is to be paid the same remuneration and allowances as are payable to the Chairperson or the Deputy Chairperson, as the case requires.
32 Acting Director 1

(1) If a Director (the absent Director) is, or is expected to be, absent from duty or from Australia, or for any other reason unable to perform his or her duties as Director, the Minister may appoint a person to act as Director, during the period of the absence or inability, to represent the bodies or organisations that the absent Director was appointed to represent.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

2

A person to be appointed to act as a Director as mentioned in subsection (1) is to be a person who the Minister considers, after consulting the bodies or organisations that the absent Director was appointed to represent, is suitable to represent those bodies or organisations.
4 Staff of the Corporation
33 Employees 1

The Corporation may engage such employees as are necessary for the performance of its functions and the exercise of its powers.

 2

The terms and conditions of employment are to be determined by the Board.
34 Consultants 1

The Corporation may engage persons who have suitable qualifications and experience as consultants to the Corporation.

 2

The terms and conditions of engagement are to be determined by the Board.
5 Finance
35 Transfer of previous Fund to Corporation 1

Upon the commencement of this section, the amount in the Trust Fund standing to the credit of the previous Fund is payable to the Corporation, and the Finance Minister must arrange for the payment to be made as soon as practicable after that commencement.

 2

(2) Upon the making of the payment, the States Grants (Coal Mining Industry Long Service Leave) Act 1949 is, by force of this subsection, repealed.

 3

(3) The Minister must cause notice of the repeal to be published in the Gazette.

 4

Any assets in which money that formed part of the previous Fund is invested at the commencement of this section vest in the Corporation by force of this subsection and form part of the Fund.

 5

Without limiting the generality of subsection (4), any money that, if the previous Fund continued in existence, would be, or would become, payable to the previous Fund is, or becomes, payable to the Fund.
36 Payments to Corporation 1

Subject to subsection (2), there are payable out of the Consolidated Revenue Fund to the Corporation amounts equal to amounts of payroll levy paid under the Payroll Levy Collection Act.

 2

The amounts that, but for this subsection, would be payable out of the Consolidated Revenue Fund to the Corporation under subsection (1) are reduced by such amount or amounts as are determined by the Minister to represent the expenses incurred by the Commonwealth in procuring the enactment, and in connection with the administration, of this Act, the Payroll Levy Act and the Payroll Levy Collection Act.

 3

The Finance Minister may give directions as to the amounts and times of payments to the Corporation under this section.

 4

The Consolidated Revenue Fund is appropriated for the purposes of this section.
37 Borrowing 1

Subject to this section, the Corporation may, with the written approval of the Minister and not otherwise, borrow money on terms and conditions specified in, or consistent with, the approval.

 2

The approval of the Minister is not required for a borrowing if the sum of:

 a

the amount to be borrowed; and

 b

any amounts previously borrowed by the Corporation for the same purpose as the first-mentioned borrowing;

does not exceed $50,000 or, if a higher amount is prescribed, that higher amount.

 3

Money may be borrowed wholly or partly in foreign currency.

 4

Without derogating from the obligation of the Corporation to comply with this section, the validity of a borrowing is not affected merely because the borrowing was made in contravention of this section.
38 Corporation may give security

The Corporation may give security over the whole or any part of its assets for the performance of any obligation incurred under section 37.
39 Application of the Public Governance, Performance and Accountability Act 2013

Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the Corporation.

Note: Money standing to the credit of the Fund is relevant money for the purposes of the Public Governance, Performance and Accountability Act 2013. (See section 40 of this Act and the definition of relevant money in section 8 of the Public Governance, Performance and Accountability Act 2013.)
5A Entitlement to long service leave 1 Entitlement, amount and grant etc.
39A Entitlement to long service leave

General rule

 1

If an eligible employee completes a period of qualifying service that is, or periods of qualifying service that add up to, at least 8 years, the employee is entitled to long service leave under this Part in respect of that period, or those periods, of qualifying service.

Meaning of qualifying service

 2

(2) A period of qualifying service by an employee is a period during which the employee is an eligible employee of one or more employers, but does not include any of the following:

 a

a period of unauthorised absence;

 b

a period of unpaid leave or unpaid authorised absence, other than:

 i

(i) a period of absence under Fair Work Act 2009 (which deals with community service leave); orDivision 8 of Part 2-2 of the

ii

(ii) a period of stand down under Fair Work Act 2009, under an enterprise agreement that applies (within the meaning of that Act) to the employee, or under the employee’s contract of employment; orPart 3-5 of the

iii

a period during which the employee is absent from work because of a personal illness, or a personal injury, for which the employee is receiving compensation under a law of the Commonwealth, a State or a Territory that is about workers’ compensation or under an industrial instrument; or

 iv

a period of leave or absence of a kind prescribed by the regulations for the purposes of this paragraph;

 c

(c) if the employee ceases to be an eligible employee for a continuous period (a break period) of 8 years or more—any period before the break period during which the employee was an eligible employee;

 d

any period during which a waiver agreement is in effect between the employee and an employer;

 e

any other period of a kind prescribed by the regulations for the purposes of this paragraph.

 3

For the purposes of subsection (2), if a casual employee is an eligible employee at any time during a week, the employee is taken to have been an eligible employee for the whole week.

 3A

If:

 a

(a) subsection (3) applies in relation to a casual employee for a week (the initial week); and

 b

(b) apart from this subsection, subsection (3) does not apply in relation to that employee for the next week (the relevant week) after the initial week; and

 c

the relevant week is not otherwise a period of qualifying service for that employee; and

 d

subsection (3) applies in relation to that employee for the next week after the relevant week;

then, for the purposes of subsection (2), that employee is taken to have been an eligible employee for the whole of the relevant week in the capacity of a casual employee.

Note: The effect of this subsection is that the relevant week will be a period of qualifying service for that employee.

 3B

If:

 a

subsection (3) applies in relation to a casual employee for a week beginning in a quarter; and

 b

apart from this subsection, there are one or more later weeks beginning in that quarter that are not a period of qualifying service for that employee;

then, for the purposes of subsection (2), rules made under subsection (3C) may set out the circumstances in which that employee is taken to have been an eligible employee for the whole of one or more of those later weeks in the capacity of a casual employee.

Note: The effect of this subsection is that, if any rules are made, the one or more of those later weeks will be periods of qualifying service for that employee.

 3C

The Minister may, by legislative instrument, make rules for the purposes of subsection (3B).

Effect of break period once entitled to long service leave

 4

If:

 a

an employee ceases to be an eligible employee for a continuous period of 8 years or more; and

 b

(b) at the time of so ceasing, the employee is entitled to long service leave under subsection (1) in respect of a period, or periods, of qualifying service (the employee’s previous qualifying service); and

 c

the employee becomes an eligible employee again;

paragraph (2)(c) does not apply in respect of the employee’s previous qualifying service.
39AA Amount of long service leave 1

The number of hours of long service leave that an eligible employee is entitled to for a week of qualifying service completed by the employee is worked out using the formula in subsection (2).

 2

The formula is:

where:

working hours means:

 a

if the employee is a full-time employee at all times during the week—35 hours; or

 b

if the employee is a part-time employee at any time during the week—the lesser of the following amounts (or either of them if they are equal):

 i

the total number of ordinary hours of work of the employee as a part-time employee for the week;

 ii

35 hours; or

 c

if the employee is a casual employee at any time during the week and paragraph (b) does not apply—the lesser of the following amounts (or either of them if they are equal):

 i

the number of hours for the week worked out under whichever of subsections (3) and (4) is applicable;

 ii

35 hours.

Employee is a casual employee for all weeks beginning in a quarter

 3

(3) If all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those weeks for the purposes of subparagraph (c)(i) of the definition of working hours in subsection (2) is the result of dividing:

 a

the total number of hours worked by the employee as a casual employee for all of those weeks; by

 b

the number of weeks beginning in the quarter.

Employee is a casual employee for some but not all weeks beginning in a quarter

 4

(4) If some but not all weeks beginning in a quarter are applicable weeks for the employee, the number of hours for each of those applicable weeks for the purposes of subparagraph (c)(i) of the definition of working hours in subsection (2) is the result of dividing:

 a

the total number of hours worked by the employee as a casual employee for all of those applicable weeks; by

 b

the number of applicable weeks beginning in the quarter.

What is an applicable week?

 5

(5) A week beginning in a quarter is an applicable week for an employee if:

 a

the employee is a casual employee at any time during the week; and

 b

(b) paragraph (b) of the definition of working hours in subsection (2) did not apply to the employee for the week.

Note: Subsections 39A(3A) and (3B) deal with the circumstances in which a casual employee is taken to have been an eligible employee for the whole of a week.
39AB Grant of long service leave 1

An eligible employee may apply, in writing, to his or her employer to take a period of long service leave.

 2

The employee may only apply to take a period of long service leave that:

 a

is a single continuous period of at least 14 days (being equivalent to a number of hours of long service leave as agreed with the employer); and

 b

does not exceed the employee’s LSL credit at the time the leave is to be taken.

Note: An employee is taken not to be on long service leave on public holidays and during certain other periods of absence (see section 39AE).

 3

As soon as practicable, but no later than 14 days after the application is made, the employer must give the employee a written response:

 a

stating whether or not the employer grants the long service leave; and

 b

if the employer refuses to grant the long service leave—giving details of the reasons for the refusal.

Civil penalty: 60 penalty units.

 4

The employer may refuse to grant long service leave only on reasonable business grounds.

Civil penalty: 60 penalty units.

Meaning of LSL credit

 5

(5) For the purposes of this section, the long service leave credit (LSL credit) of an eligible employee on a day (the calculation day) is the number of hours worked out as follows:

 a

first, add together the number of hours of long service leave that the employee is entitled to under section 39AA for each week of qualifying service completed by the employee before the calculation day;

 aa

then, if because of the operation of subsections 39AA(3) to (5), there are one or more weeks of qualifying service completed by the employee before the calculation day:

 i

that are applicable weeks within the meaning of section 39AA; and

 ii

for which the number of hours of long service leave the employee is entitled to under section 39AA cannot be determined yet;

add together the number of hours for each of those applicable weeks worked out under subsection (6) of this section;

 b

then, subtract the number of hours of long service leave (if any) previously granted to the employee under this section.

Note 1A: Paragraph (aa) may apply because the hours of work for a casual employee are averaged across the weeks beginning in a quarter and the quarter may not have ended yet.

Note 1: The number of hours of long service leave that an employee is entitled to in respect of certain qualifying service may be affected by section 39CE.

Note 2: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.

 6

For the purposes of paragraph (5)(aa), the number of hours for an eligible employee for an applicable week is worked out using this formula:

where:

working hours means the lesser of the following number of hours:

 a

the result of dividing:

 i

the total number of hours worked by the employee as a casual employee for all of the applicable weeks covered by paragraph (5)(aa); by

 ii

the number of applicable weeks covered by paragraph (5)(aa);

 b

35 hours.
39AC Payment for long service leave 1

If an eligible employee (other than a casual employee) takes a period of long service leave, the employer must pay the employee for the long service leave no less than an amount that is equal to the base rate of pay (including incentive-based payments and bonuses) that would have been payable to the employee during the period had the employee not taken the leave.

Civil penalty: 60 penalty units.

 2

If a casual employee takes a period of long service leave, the employer must pay the employee for the long service leave no less than an amount that is equal to:

 a

if an industrial instrument that covers the employee specifies that the employee is to be paid a casual loading and the casual loading can be quantified—the base rate of pay (including incentive-based payments, bonuses and the casual loading) that would have been payable to the employee during the period had the employee not taken the leave; or

 b

otherwise—the ordinary rate of pay (including incentive-based payments and bonuses) that would have been payable to the employee during the period had the employee not taken the leave.

Civil penalty: 60 penalty units.

 3

In this section:

 a

a reference to the base rate of pay payable to an employee is a reference to the employee’s base rate of pay before any amounts are deducted under a salary sacrifice arrangement; and

 aa

a reference to the ordinary rate of pay payable to an employee is a reference to the employee’s ordinary rate of pay before any amounts are deducted under a salary sacrifice arrangement; and

 b

a reference to an incentive-based payment in relation to an employee is a reference to a payment of that kind that is paid to the employee at least once a month; and

 c

a reference to a bonus in relation to an employee is a reference to a bonus that is paid to the employee at least once a month.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
39AD Manner of payment for long service leave

If an eligible employee takes a period of long service leave, the employer must pay the employee for the long service leave:

 a

at the same time as the employer would have paid the employee during the period if the employee had not taken the leave; or

 b

if the employee requests to be paid in advance for the whole period and an industrial instrument that covers the employee expressly allows the employee to be paid in advance for long service leave—in accordance with the employee’s request.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
39AE Public holidays etc. not to count as long service leave 1

If the period during which an eligible employee takes long service leave includes a day or part-day that is a public holiday in the place where the employee is based for work purposes:

 a

the employee is taken not to be on long service leave on that whole day; and

 b

the public holiday is taken not to break the continuity of the period of long service leave.

 2

(2) If the period during which an eligible employee takes long service leave includes a period of absence from employment under Fair Work Act 2009 (which deals with community service leave):Division 8 of Part 2-2 of the

a

the employee is taken not to be on long service leave for the period of absence; and

 b

the period of absence is taken not to break the continuity of the period of long service leave.
2 Waiver agreements
39B Waiver agreements may be made with certain employees 1

(1) An eligible employee of a kind prescribed by the regulations may make an agreement (a waiver agreement) with his or her employer that provides for the employer to do either or both of the following:

 a

pay additional remuneration to the employee or as directed by the employee;

 b

make additional contributions, for the employee’s benefit, to a superannuation fund nominated by the employee;

in lieu of long service leave that the employee would be entitled to under this Part in respect of qualifying service that the employee would have otherwise completed.

Note 1: A period of qualifying service by an employee does not include any period during which a waiver agreement is in effect between the employee and an employer (see paragraph 39A(2)(d)).

Note 2: An employer is not required to pay payroll levy in respect of eligible wages paid to an employee for any period during which a waiver agreement is in effect between the employee and an employer (see section 39BD).

 2

The value of the additional remuneration, contributions, or both, must be equal to, or greater than, the amount of payroll levy that would have been payable by the employer in respect of eligible wages paid to the employee had the waiver agreement not been in effect.

 3

The waiver agreement must:

 a

be in writing; and

 b

include terms dealing with the matters set out in subsection (4); and

 c

be signed by both the employee and employer; and

 d

specify the date on which the agreement is made; and

 e

specify the date on which the agreement takes effect (being a date after the agreement is lodged with the Corporation under subsection (5)).

 4

For the purposes of paragraph (3)(b), the matters are:

 a

the frequency of the additional payments, contributions or both; and

 b

if, because of a change in circumstances, the agreement no longer complies with subsection (2)—how the agreement is to be varied under section 39BA.

 5

As soon as practicable after the waiver agreement is made, the employer must lodge it with the Corporation.

 6

A waiver agreement between an employee and an employer ceases to have effect if:

 a

the Corporation refuses to approve it (see subsection 39BC(5)); or

 b

it is terminated under section 39BB; or

 c

the employee ceases to be an eligible employee of a kind mentioned in subsection (1).
39BA Variation of waiver agreements 1

If a waiver agreement is in effect between an employee and an employer, the employee and employer may agree to vary the agreement.

 2

The variation must:

 a

be in writing; and

 b

be signed by both the employee and employer; and

 c

specify the date on which the variation is made; and

 d

specify the date on which the variation takes effect (being a date after the variation is lodged with the Corporation under subsection (3)).

 3

As soon as practicable after the variation is made, the employer must lodge the varied waiver agreement with the Corporation.
39BB Termination of waiver agreements 1

If a waiver agreement is in effect between an employee and an employer, the employee and employer may agree to terminate the agreement.

 2

The employer may only refuse to terminate a waiver agreement if the employer has reasonable grounds to do so.

 3

The agreement to terminate must:

 a

be in writing; and

 b

be signed by both the employee and employer; and

 c

specify the date on which the waiver agreement terminates.

 4

As soon as practicable after the agreement to terminate is made, the employer must give the Corporation written notice of the termination, including the date on which the waiver agreement terminates.
39BC Approval of waiver agreements and variations by the Corporation 1

Within 30 days after a waiver agreement, or a varied waiver agreement, is lodged with the Corporation, the Board must:

 a

decide to approve or refuse to approve the agreement or variation; and

 b

give the parties to the agreement or varied agreement written notice of the decision.

 2

If the Board does not make a decision within the 30 day period mentioned in subsection (1), the Board is taken to have approved the waiver agreement or variation (as the case may be).

 3

The Board may only decide to approve a waiver agreement or variation if the Board is satisfied that:

 a

the employee to whom the agreement or variation relates is an eligible employee of a kind mentioned in subsection 39B(1); and

 b

there are no reasonable grounds for believing that the agreement or variation has not been genuinely agreed to by the parties; and

 c

the terms of the agreement, or varied agreement:

 i

do not contravene subsection 39B(2); and

 ii

adequately deal with the matters set out in subsection 39B(4).

 4

If the Board refuses to approve a waiver agreement or a variation, the notice given under paragraph (1)(b) must:

 a

set out the reasons for the refusal; and

 b

(b) include a statement that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the Board’s decision.

Note: Section 52B provides that an application may be made to the Administrative Review Tribunal for review of a decision of the Board to refuse to approve a waiver agreement or a variation.

 5

If the Board refuses to approve a waiver agreement, the agreement ceases to have effect on the day the parties to the agreement are notified of the refusal under paragraph (1)(b).

 6

If the Board refuses to approve a variation of a waiver agreement, the variation ceases to have effect on the day the parties to the variation are notified of the refusal under paragraph (1)(b).
39BD Effect of waiver agreements on payroll levy

For any period during which a waiver agreement is in effect between an eligible employee and an employer, the employee is taken not to be an eligible employee for the purposes of sections 4 and 6 of the Payroll Levy Act.

Note: This means that an employer of an eligible employee is not required to pay payroll levy in respect of eligible wages paid to the employee while the waiver agreement is in effect. However, returns made by the employer under section 5 of the Payroll Levy Collection Act while the waiver agreement is in effect will still need to include information in relation to the employee.
39BE Employer must comply with waiver agreement

If a waiver agreement is in effect between an employee and an employer, the employer must pay the additional remuneration or make the additional contributions or both pay the additional remuneration and make the additional contributions (as the case may be) in accordance with the terms of the agreement.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
3 Payments on cessation of employment as an eligible employee
39C Payment on cessation—general

Payment to employee

 1

If:

 a

an employee ceases to be an eligible employee (other than by death); and

 b

at the time of so ceasing, the employee has a period of untaken long service leave under this Part; and

 c

at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section;

the employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee taken that period of long service leave immediately before ceasing to be an eligible employee, less any amount previously paid to the employee under this section.

Payment to legal personal representative

Civil penalty: 60 penalty units.

 2

If:

 a

the employee dies without making a request under subsection (1) in respect of a period of untaken long service leave; and

 b

at any time after the employee’s death, the employee’s legal personal representative requests the employer, in writing, to make a payment under this section;

the employer must, within 30 days after the request is made, pay the employee’s legal personal representative no less than the amount that would have been payable to the employee under subsection (1) as if the employee had made a request under that subsection in respect of all the untaken long service leave.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
39CA Payment on cessation—ill health and retirement 1

This section applies if:

 a

an employee ceases to be an eligible employee:

 i

because of ill health; or

 ii

because he or she retires from the black coal mining industry on or after reaching the age of 60 years; and

 b

at the time of so ceasing, the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and

 c

at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section.

 2

The employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee:

 a

been entitled to long service leave for the period, or periods, of qualifying service; and

 b

taken that long service leave immediately before ceasing to be an eligible employee;

less any amount previously paid to the employee under this section.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
39CB Payment on cessation—redundancy 1

This section applies if:

 a

an employee ceases to be an eligible employee because he or she is made redundant; and

 b

at the time of so ceasing, the employee has completed a period, or periods, of qualifying service (being a period that is, or periods that add up to, at least 6 years) in respect of which the employee is not entitled to long service leave under this Part; and

 c

at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section.

 2

The employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee:

 a

been entitled to long service leave for the period, or periods, of qualifying service; and

 b

taken that long service leave immediately before ceasing to be an eligible employee;

less any amount previously paid to the employee under this section.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
39CC Payment on death 1

This section applies if:

 a

an eligible employee dies; and

 b

at the time of the employee’s death, either of the following apply:

 i

the employee has a period of untaken long service leave under this Part;

 ii

the employee has completed a period, or periods, of qualifying service in respect of which the employee is not entitled to long service leave under this Part; and

 c

at any time after the employee’s death, the employee’s legal personal representative requests the employer, in writing, to make a payment under this section.

 2

The employer must, within 30 days after the request is made, pay the employee’s legal personal representative no less than:

 a

if subparagraph (1)(b)(i) applies—the amount that would have been payable to the employee under this Part had the employee taken all the untaken long service leave immediately before the employee died; and

 b

if subparagraph (1)(b)(ii) applies—the amount that would have been payable to the employee under this Part had the employee:

 i

been entitled to long service leave for the period, or periods, of qualifying service; and

 ii

taken all that long service leave immediately before the employee died.

Civil penalty: 60 penalty units.

Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.
39CD Effect of payment in respect of untaken long service leave

If an employee, or the legal personal representative of an employee, is paid an amount under section 39C or 39CC in respect of a period of untaken long service leave, the payment extinguishes the employee’s entitlement under this Part to the period of untaken long service leave.
39CE Effect of payment in respect of qualifying service 1

This section applies in relation to a period of qualifying service completed by an employee if, on ceasing to be an eligible employee, the employee is paid an amount under section 39CA or 39CB in respect of the period of qualifying service.

 2

If the employee becomes an eligible employee again, the period of qualifying service continues to be a period of qualifying service for the purposes of subsection 39A(1) unless the employee ceased to be an eligible employee for a continuous period of 8 years or more.

 3

If the employee becomes entitled to long service leave under this Part in respect of the period of qualifying service, the number of hours of long service leave that the employee is entitled to under section 39AA for the period of qualifying service is taken to be nil.

 4

Nothing in this section requires more than 1 payment to be made under this Division in respect of the period of qualifying service.
4 Remedies relating to long service leave A The Fair Work Commission
39D FWC may deal with disputes relating to long service leave 1

(1) Despite subsection 595(1) of the Fair Work Act 2009, the FWC may deal with a dispute (an LSL dispute) about matters in relation to long service leave under this Part.

 2

(2) For the purposes of the FWC dealing with an LSL dispute, the Fair Work Act 2009 applies as if:

 a

the dispute were a dispute in relation to the National Employment Standards; and

 b

subsection (1) of this section were a term referred to in section 738 of that Act; and

 c

(c) a reference in subsection 739(5) of that Act to “this Act” were a reference to “the Coal Mining Industry (Long Service Leave) Administration Act 1992”.
B Court orders
39DA Employees etc. may apply to court in respect of certain contraventions

Employees

 1

A person who is or was an eligible employee may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if the person:

 a

is affected by the contravention; or

 b

will be affected by the proposed contravention.

Employee organisations

 2

An employee organisation may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if:

 a

the organisation has a member who:

 i

is affected by the contravention; or

 ii

will be affected by the proposed contravention; or

 b

the organisation is entitled to represent the industrial interests of a person who:

 i

is affected by the contravention; or

 ii

will be affected by the proposed contravention.

Industrial associations

 3

An industrial association may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order under section 39DB in relation to a contravention or proposed contravention of a civil penalty provision of this Part if:

 a

the industrial association:

 i

is affected by the contravention; or

 ii

will be affected by the proposed contravention; or

 b

the industrial association is entitled to represent the industrial interests of a person who:

 i

is affected by the contravention; or

 ii

will be affected by the proposed contravention.
39DB Orders that can be made by the court

The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on application under section 39DA, make one or more of the following orders in relation to a person who has contravened or proposes to contravene a civil penalty provision of this Part:

 a

an order awarding compensation for loss that a person has suffered because of the contravention or proposed contravention;

 b

an order granting an injunction, or interim injunction, to prevent, stop or remedy the effects of the contravention or proposed contravention;

 c

any other order that the court considers necessary to stop, or rectify the effects of, the contravention or proposed contravention.
5 Relationship with other laws and industrial instruments
39E Relationship with the National Employment Standards

Despite Fair Work Act 2009, this Part applies in relation to eligible employees and their employers to the exclusion of Division 9 of Part 2-2 of that Act.section 61 of the

39EA Relationship with State and Territory long service leave laws

This Part applies in relation to eligible employees and their employers to the exclusion of a State or Territory law that deals with long service leave.
39EB Relationship with industrial instruments

This Part establishes minimum entitlements and rights in respect of long service leave for an eligible employee and is not intended to override entitlements or rights in respect of long service leave under an industrial instrument that covers the employee.
6 Miscellaneous
39F Entitlements and rights in respect of long service leave subject to alteration, cancellation etc. 1

A person has an entitlement to long service leave under this Part on the basis that:

 a

the entitlement may be cancelled, revoked, terminated or varied by or under later legislation; and

 b

no compensation is payable if the entitlement is cancelled, revoked, terminated or varied.

 2

A person has a right to receive a payment in respect of long service leave under this Part on the basis that:

 a

the right may be cancelled, revoked, terminated or varied by or under later legislation; and

 b

no compensation is payable if the right is so cancelled, revoked, terminated or varied.
6 The Coal Mining Industry (Long Service Leave) Fund
40 Establishment of the Fund 1

The Corporation must establish and maintain in its books of account a fund to be known as the Coal Mining Industry (Long Service Leave) Fund.

 2

All money received by the Corporation other than payments made by employers in respect of payroll levy is to be paid into, and is taken to be part of, the Fund.

 3

Payment of money into a bank account maintained by the Corporation constitutes payment into the Fund.

 4

The Corporation may create separate notional accounts within the Fund to reflect payroll levy paid by employers before 1 January 2012 and such levy paid on or after 1 January 2012.
41 Application of the Fund

The Fund is to be applied only in making payments that are required or permitted by this Act or the Payroll Levy Collection Act to be made out of the Fund.
42 Investment of the Fund 1

The Minister may, by written notice to the Board, set out principles or guidelines to be followed in respect of the investment of the Fund.

 2

As soon as practicable after the commencement of this section the Board must prepare a plan for the investment of the Fund.

 3

The Board must revise the plan prepared under subsection (2), or that plan as previously revised under this subsection, not later than 12 months after the plan was prepared or last revised, as the case may be.

 4

Any plan for the investment of the Fund must:

 a

conform with any principles or guidelines referred to in subsection (1); and

 b

subject to those principles or guidelines, be directed towards maximising the return on the money invested consistently with prudent financial management practices.

 5

As soon as practicable after the Board has prepared, or revised, a plan for the investment of the Fund the Board must send a copy of the plan, or of the revised plan, to the Minister.

 6

If the Minister is of the opinion that a plan or revised plan prepared under this section does not comply with subsection (4), the Minister may return the plan to the Board for reconsideration in accordance with any directions given by the Minister.

 7

Where a plan is so returned by the Minister, the Board must revise the plan in accordance with the Minister’s directions and send a copy of the revised plan to the Minister.

 8

Any asset in which money included in the Fund is invested forms part of the Fund.
43 Sufficiency of the Fund 1

The Board must seek advice from an actuary as to:

 a

whether the rate of payroll levy imposed (at the time the advice is given) would be adequate to ensure that the Fund will be sufficient to reimburse employers in accordance with the Employer Reimbursement Rules; and

 b

if not, the rate that would be so adequate.

 2

The Board must seek such advice at least once every 3 years.

 5

When the Board obtains advice from an actuary, the Board must notify the Minister of the terms of the advice and make a recommendation to the Minister as to whether the rate of payroll levy needs to be changed and, if so, the rate that should be imposed.

 6

If the Board forms the opinion, having regard to any advice obtained by it under this section, that the Fund is likely within the ensuing 12 months to be sufficient to reimburse employers in accordance with the Employer Reimbursement Rules, the Board must give to the Minister a written report stating that it has formed that opinion and setting out the reasons for that opinion.

 7

If at any time the Board considers that the amount standing to the credit of the Fund exceeds the amount required to be retained in the Fund to make any payments that will need to be made out of the Fund, the Board may distribute the excess among such persons who have paid payroll levy, and in such amounts, as the Board considers equitable.
7 Payments out of the Fund
44 Reimbursement for payments relating to long service leave 1

If an employer makes a payment under Part 5A to a person who is or was an eligible employee, the Corporation must pay the employer out of the Fund the reimbursable amount the Board decides in accordance with the Employer Reimbursement Rules.

 2

If an employer makes a payment under Part 5A to the legal personal representative of a deceased person who is or was an eligible employee, the Corporation must pay the employer out of the Fund the reimbursable amount the Board decides in accordance with the Employer Reimbursement Rules.

Note: Section 52B provides that an application may be made to the Administrative Review Tribunal for review of a decision of the Board under subsection (1) or (2).
45 Employer Reimbursement Rules 1

The Board must, by legislative instrument, make rules relating to:

 a

the amount that an employer is to be reimbursed for a payment by the employer under Part 5A to a person who is or was an eligible employee; and

 b

the amount that an employer is to be reimbursed for a payment by the employer under Part 5A to the legal personal representative of a deceased person who is or was an eligible employee; and

 c

the creation of a notional account for each person who is or was an eligible employee representing his or her share of payments into the Fund on or after 1 January 2012, whether or not the relevant employer actually receives any of that share.

 2

Rules relating to amounts mentioned in paragraph (1)(a) or (b) may be different on the basis of:

 a

employment as an eligible employee before 1 January 2012; and

 b

employment as an eligible employee on or after 1 January 2012.

 3

(3) The rules are to be known as the Employer Reimbursement Rules.
47 Reimbursement of overpayment of payroll levy

If an employer makes an overpayment of payroll levy, an amount equal to the overpayment is payable to the employer out of the Fund.
48 Payments to employees if employer insolvent etc. 1

An eligible employee, or a former eligible employee, may apply, in writing, to the Corporation for a payment in respect of a period of untaken long service leave under Part 5A if the employee’s employer is insolvent, is being wound up or has ceased to exist.

 2

If the Board verifies that the employer is insolvent, is being wound up or has ceased to exist, the Corporation must pay the employee in respect of the employee’s untaken long service leave the amount that would have been payable by the employer under Part 5A had the employee taken the period of long service leave immediately before the relevant circumstance.

 3

The payment is payable to the employee out of the Fund.

 4

A payment by the Corporation under this section:

 a

discharges the liability of the employer to make the payment; and

 b

extinguishes the employee’s entitlement under Part 5A to the period of untaken long service leave.

 5

In this section:

employer means:

 a

in relation to an eligible employee—a current employer of the employee; and

 b

in relation to a former eligible employee—an employer of the employee immediately before the employee ceased to be an eligible employee.
49 Board may determine claims for payment

When a question arises as to whether an amount is payable to a person out of the Fund, the Board may determine any matter of fact relevant to that question.
7A Civil penalties
49A Civil penalty provisions

Enforceable civil penalty provisions

 1

Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

 2

For the purposes of Part 4 of the Regulatory Powers Act, the Corporation, on behalf of the Commonwealth, is an authorised applicant in relation to the civil penalty provisions of this Act.

 3

The Corporation may, by writing under its seal, delegate its powers as an authorised applicant in relation to the civil penalty provisions of this Act to:

 a

a Director; or

 b

a person employed by the Corporation; or

 c

a person engaged by the Corporation under a contract; or

 d

a person employed by a person referred to in paragraph (c).

Relevant court

 4

For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

 a

the Federal Court;

 b

the Federal Circuit and Family Court of Australia (Division 2).

Additional matters to be taken into account in determining a pecuniary penalty

 5

In addition to the matters the court must take into account under subsection 82(6) of the Regulatory Powers Act in determining the pecuniary penalty for the contravention of a civil penalty provision of this Act, if the person who contravened the civil penalty provision is a body corporate, the court must take into account:

 a

the level of the employees, officers or agents of the body corporate involved in the contravention; and

 b

whether the body corporate exercised due diligence to avoid the contravention; and

 c

whether the body corporate had a corporate culture conducive to compliance.
49CE Civil penalty provisions contravened by executive officers

An executive officer of a body corporate contravenes this subsection if:

 a

the body corporate contravenes a civil penalty provision; and

 b

the officer knew that the contravention would occur; and

 c

the officer was in a position to influence the conduct of the body in relation to the contravention; and

 d

the officer failed to take all reasonable steps to prevent the contravention.

Civil penalty: 60 penalty units.
49CF Establishing whether an executive officer took reasonable steps to prevent the contravention of a civil penalty provision 1

For the purposes of section 49CE, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention of a civil penalty provision, a court is to have regard to:

 a

what action (if any) the officer took towards ensuring that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, in so far as those requirements affect the employees, agents or contractors concerned; and

 b

what action (if any) the officer took when he or she became aware that the body was contravening this Act.

 2

This section does not, by implication, limit the generality of section 49CE.
8 Miscellaneous
50 Delegation 1

Subject to subsection (1A), the Corporation may, by writing under its seal, delegate to:

 a

a Director; or

 b

a person employed by the Corporation; or

 c

a person engaged by the Corporation under a contract; or

 d

a person employed by a person referred to in paragraph (c);

any of the Corporation’s powers and functions under this Act or the Payroll Levy Collection Act.

 1A

(1A) The Corporation’s power under Public Governance, Performance and Accountability Act 2013) of the Corporation.section 52A may only be delegated to an official (within the meaning of the

2

The Board may, by signed writing, delegate to:

 a

a Director; or

 b

a person employed by the Corporation; or

 c

a person engaged by the Corporation under a contract; or

 d

a person employed by a person referred to in paragraph (c);

any of the Board’s powers under this Act or the Payroll Levy Collection Act other than the power to revoke or vary a decision made by the Board.

 3

The Minister may, by signed writing, delegate to a person performing the duties of an office in the Department, the Minister’s powers under this Act other than the Minister’s powers under section 13, 14, 31 or 32 or subsection 39A(3C).
51 Expenses of Corporation

The expenses incurred by the Corporation are to be paid out of the Fund.
52 Remuneration and allowances of Directors

The remuneration and allowances of Directors are to be paid out of the Fund.
52A Power to require persons to produce information or documents 1

This section applies if the Corporation believes on reasonable grounds that a person has information, or a document containing information, of any of the following kinds:

 a

information relating to the employment of an eligible employee;

 b

information relating to an employer of an eligible employee;

 c

information that is reasonably necessary to enable the Corporation to perform its functions under section 7.

 2

The Corporation may, by written notice, require the person to:

 a

give the information to the Corporation by the time, and in the manner and form, specified in the notice; or

 b

produce the document, or a certified copy of the document, to the Corporation by the time, and in the manner, specified in the notice.

 3

The notice must set out the effect of:

 a

subsections (6) and (7) of this section; and

 b

(b) sections 137.1 and 137.2 of the Criminal Code (about giving false or misleading information or documents); and

 c

(c) Criminal Code (about obstructing Commonwealth public officials).section 149.1 of the

4

The time specified under paragraph (2)(a) or (b) must be at least 28 days after the day the notice is given to the person.

 5

If a person is given a notice under subsection (2), the person must comply with the notice.

Civil penalty: 60 penalty units.

 6

A person commits an offence of strict liability if the person contravenes subsection (5). The physical elements of the offence are set out in that subsection.

Penalty: 30 penalty units.

Note: For strict liability, see Criminal Code.section 6.1 of the

52B Review by the Administrative Review Tribunal 1

An application may be made to the Administrative Review Tribunal for review of any of the following decisions:

 a

a decision by the Board to refuse to approve a waiver agreement under section 39BC;

 b

a decision by the Board to refuse to approve a variation of a waiver agreement under section 39BC;

 c

a decision by the Board under subsection 44(1) or (2).

 2

An application under subsection (1) may only be made by the employee or employer to whom the decision relates.
52C Conferral of jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) 1

Jurisdiction is conferred on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) in relation to any civil matter arising under this Act or the Payroll Levy Collection Act.

 2

The jurisdiction conferred on the Federal Court under subsection (1) is to be exercised in the Fair Work Division of the Federal Court if:

 a

an application is made to the Federal Court under this Act or the Payroll Levy Collection Act; or

 b

a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or

 c

(c) a declaration is sought under Federal Court of Australia Act 1976 in relation to a matter arising under this Act or the Payroll Levy Collection Act; orsection 21 of the

d

(d) an injunction is sought under Federal Court of Australia Act 1976 in relation to a matter arising under this Act or the Payroll Levy Collection Act; orsection 23 of the

e

an appeal is instituted in the Federal Court from a judgement of the Federal Circuit and Family Court of Australia (Division 2) in a matter arising under this Act or the Payroll Levy Collection Act; or

 f

proceedings in relation to a matter arising under this Act or the Payroll Levy Collection Act are transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division 2); or

 g

the Federal Circuit and Family Court of Australia (Division 2) states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act or the Payroll Levy Collection Act; or

 h

(h) the President of the FWC refers, under Fair Work Act 2009, a question of law arising from an LSL dispute to the Federal Court; orsection 608 of the

i

the High Court remits a matter arising under this Act or the Payroll Levy Collection Act to the Federal Court.

 3

Jurisdiction conferred on the Federal Circuit and Family Court of Australia (Division 2) under subsection (1) is to be exercised in the Fair Work Division of the Court if:

 a

an application is made to the Court under this Act or the Payroll Levy Collection Act; or

 b

(b) an injunction is sought under Federal Circuit and Family Court of Australia Act 2021 in relation to a matter arising under this Act or the Payroll Levy Collection Act; orsection 140 of the

c

(c) a declaration is sought under Federal Circuit and Family Court of Australia Act 2021 in relation to a matter arising under this Act or the Payroll Levy Collection Act; orsection 141 of the

d

proceedings in relation to a matter arising under this Act or the Payroll Levy Collection Act are transferred to the Federal Circuit and Family Court of Australia (Division 2) from the Federal Court; or

 e

the High Court remits a matter arising under this Act or the Payroll Levy Collection Act to the Federal Circuit and Family Court of Australia (Division 2).
52D Powers of courts

The powers conferred on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2) by a provision of this Act are in addition to, and not instead of, any other powers of the court, whether conferred by another provision of this Act or otherwise.
54 Regulations 1

The Governor-General may make regulations prescribing matters:

 a

required or permitted by this Act to be prescribed; or

 b

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 2

Without limiting subsection (1), the regulations may:

 a

require an employer of eligible employees to maintain records relating to the following matters:

 i

the employment of those employees;

 ii

the qualifying service completed by, and the long service leave entitlement of, those employees; and

 b

provide for penalties, not exceeding 50 penalty units, for offences against the regulations.
55 Review of Act

The Minister is to arrange for the carrying out of an independent review of the operation of this Act as soon as possible after the Minister receives a report from the Board under subsection 43(6).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnote 3—Legislation history
Act Number and year Assent or FRLI registration Commencement Application, saving and transitional provisions
Coal Mining Industry (Long Service Leave Funding) Act 1992 60, 1992 26 June 1992 s 1 and 2: 26 June 1992 (s 2(1)) s 3–34, 36–43 and 50–55: (s 2(4) and gaz 1992, No S254) Remainder: 26 June 1993 (s 2(2), (3))
Audit (Transitional and Miscellaneous) Amendment Act 1997 152, 1997 Sch 2 (items 624–632): 1 Jan 1998 (s 2(2)) —
Financial Sector Reform (Consequential Amendments) Act 1998 48, 1998 29 June 1998 Sch 1 (items 32, 33): 1 July 1998 (s 2(2)) —
Coal Mining Legislation Amendment (Oakdale Collieries and others) Act 1999 113, 1999 —
Corporate Law Economic Reform Program Act 1999 156, 1999 Sch 10 (item 70): 13 Mar 2000 (s 2(2)(c) and gaz 2000, No S114) —
Corporations (Repeals, Consequentials and Transitionals) Act 2001 55, 2001 28 June 2001 s 4–14 and Sch 3 (item 100): 15 July 2001 (s 2(1), (3)) s 4–14
Workplace Relations Amendment (A Stronger Safety Net) Act 2007 107, 2007 28 June 2007 Sch 2 (items 30, 32, 33): 1 July 2007 (s 2(1) item 3) Sch 2 (items 32, 33)
Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 8, 2008 Sch 1 (item 266): 28 Mar 2008 (s 2(1) item 2) —
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 54, 2009 25 June 2009 Sch 8 (items 85–90): 1 July 2009 (s 2(1) item 24) Sch 8 (item 158A) (ad. by SLI 2009 No. 165, Sch. 2 (item 5))
as amended by
Fair Work (State Referral and Consequential and Other Amendments) Regulations 2009 SLI 2009 No. 165 30 June 2009 (F2009L02568) Sch 2 (item 5): 1 July 2009 —
as amended by
Fair Work Legislation Amendment Regulations 2009 (No. 2) SLI 2009 No. 364 16 Dec 2009 (F2009L04520) Sch 1 (item 5): 1 July 2009 —
Coal Mining Industry (Long Service Leave Funding) Amendment Act 2009 127, 2009 10 Dec 2009 1 Jan 2010 Sch 1 (item 7) Sch 2 (item 1) (am. by 142, 2011, Sch 4 (item 1); rep. by 142, 2011, Sch 4 (item 2))
as amended by
Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2011 142, 2011 29 Nov 2011 Sch 4 (item 1): 1 Jan 2010 Schedule 4 (item 2): 1 Jan 2012 —
Statute Law Revision Act 2011 5, 2011 22 Mar 2011 Sch 5 (items 50, 51) and Schedule 6 (item 22): 19 Apr 2011 —
Acts Interpretation Amendment Act 2011 46, 2011 27 June 2011 Sch 2 (items 371–375) and Schedule 3 (items 10, 11): 27 Dec 2011 Sch 3 (items 10, 11)
Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2011 142, 2011 29 Nov 2011 Sch 1 (items 1–49) and Schedule 2: 1 Jan 2012 Sch 2 (item 14)
Fair Work Amendment Act 2012 174, 2012 4 Dec 2012 Sch 9 (items 1262–1267): 1 Jan 2013 —
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 13, 2013 14 Mar 2013 Sch 1 (items 82–84) and Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3) —
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 62, 2014 30 June 2014 Sch 8 (items 48–54) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 36, 2015 13 Apr 2015 Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) —
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) —
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 126, 2015 10 Sept 2015 Sch 1 (item 123): 5 Mar 2016 (s 2(1) item 2) —
Regulatory Powers (Standardisation Reform) Act 2017 124, 2017 6 Nov 2017 Sch 4 (items 1–36, 45): 6 Nov 2018 (s 2(1) item 3) Sch 4 (item 45)
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 13, 2021 1 Mar 2021 Sch 2 (items 188–199): 1 Sept 2021 (s 2(1) item 5) —
Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 43, 2023 30 June 2023 Sch 6 (items 1–11, 17): 1 Jan 2024 (s 2(1) item 8) Sch 6 (item 17)
Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 2, 2024 26 Feb 2024 Sch 5: 27 Feb 2024 (s 2(1) item 31) Sch 5 (item 3)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 38, 2024 31 May 2024 Sch 9 (items 1, 5): 14 Oct 2024 (s 2(1) item 2) —
Number and year FRLI registration Commencement Application, saving and transitional provisions
50, 2006 17 Mar 2006 (F2006L00820) Sch 4: 27 Mar 2006 (r 2(b)) —

Endnote 4—Amendment history
Provision affected How affected
Title am. No. 113, 1999; No. 142, 2011
Part 1
s. 1 am. No. 142, 2011
s. 3 am. No. 113, 1999; No. 142, 2011
s 4 am No 48, 1998; SLI 2006 No. 50; No 107, 2007; No 8, 2008; No 54, 2009; No 127, 2009; No 5, 2011; No 142, 2011; No 174, 2012; No 13, 2013; No 62, 2014; No 126, 2015; No 124, 2017; No 13, 2021; No 43, 2023
Part 2
s 6 am No 152, 1997; No 62, 2014
s. 7 am. No. 142, 2011
Part 3
Division 1
s. 11 am. No. 142, 2011
s 13 am No 142, 2011; No 2, 2024
s 14 am No 142, 2011
Division 2
s. 17 am. No. 142, 2011; No 62, 2014
s. 18 am. No. 142, 2011
s. 20 am. No. 152, 1997
s. 22 rep. No. 152, 1997
Division 3
s. 23 am. No. 142, 2011
s. 28 am. No. 152, 1997; No. 156, 1999; No 62, 2014
s. 30 rep. No. 152, 1997
s. 31 am. No. 46, 2011
s. 32 am. No. 46, 2011
Part 5
ss. 35, 36 am. No. 5, 2011
s. 39 am. No. 152, 1997
rs No 62, 2014
Part 5A
Part 5A ad. No. 142, 2011
Division 1
s. 39A ad No 142, 2011
am No 43, 2023
s 39AA ad No 142, 2011
am No 43, 2023
s 39AB ad No 142, 2011
am No 124, 2017; No 43, 2023
s 39AC ad No 142, 2011
am No 124, 2017; No 43, 2023
s 39AD ad No 142, 2011
am No 124, 2017
s 39AE ad No 142, 2011
Division 2
s. 39B ad. No. 142, 2011
s 39BA ad No 142, 2011
s 39BB ad No 142, 2011
s 39BC ad No 142, 2011
am No 38, 2024
s 39BD ad No 142, 2011
s 39BE ad No 142, 2011
am No 124, 2017
Division 3
s 39C ad No 142, 2011
am No 124, 2017
s 39CA ad No 142, 2011
am No 124, 2017
s 39CB ad No 142, 2011
am No 124, 2017
s 39CC ad No 142, 2011
am No 124, 2017
s 39CD ad No 142, 2011
s 39CE ad No 142, 2011
Division 4
Subdivision A
Subdivision A heading am. No. 174, 2012
s. 39D ad. No. 142, 2011
am. No. 174, 2012
Subdivision B
s 39DA ad No 142, 2011
am No 13, 2013; No 13, 2021
s 39DB ad No 142, 2011
am No 13, 2013; No 13, 2021
Division 5
s. 39E ad. No. 142, 2011
ss. 39EA, 39EB ad. No. 142, 2011
Division 6
s. 39F ad. No. 142, 2011
Part 6
s. 40 am. No. 142, 2011
s. 43 am. No. 142, 2011
Part 7
s 44 am No 127, 2009
rs No 142, 2011
am No 38, 2024
s. 45 rs. No. 142, 2011
s. 46 rep. No. 142, 2011
s. 48 rs. No. 142, 2011
s. 48A ad. No. 113, 1999
rep. No. 142, 2011
s. 48B ad. No. 113, 1999
am. No. 55, 2001
rep. No. 142, 2011
Part 7A
Part 7A heading rs No 124, 2017
Part 7A ad No 142, 2011
Division 1 rep No 124, 2017
s 49A ad No 142, 2011
am No 13, 2013
rs No 124, 2017
am No 13, 2021
s 49AA ad No 142, 2011
rep No 124, 2017
s 49AB ad No 142, 2011
rep No 124, 2017
s 49AC ad No 142, 2011
rep No 124, 2017
s 49AD ad No 142, 2011
rep No 124, 2017
s 49AE ad No 142, 2011
rep No 124, 2017
s 49AF ad No 142, 2011
rep No 124, 2017
Division 2 rep No 124, 2017
s 49B ad No 142, 2011
rep No 124, 2017
s 49BA ad No 142, 2011
rep No 124, 2017
s 49BB ad No 142, 2011
rep No 124, 2017
s 49BC ad No 142, 2011
rep No 124, 2017
Division 3 heading rep No 124, 2017
s 49C ad No 142, 2011
rep No 124, 2017
s 49CA ad No 142, 2011
rep No 124, 2017
s 49CB ad No 142, 2011
rep No 124, 2017
s 49CC ad No 142, 2011
rep No 124, 2017
s 49CD ad No 142, 2011
rep No 124, 2017
s 49CE ad No 142, 2011
am No 124, 2017
s 49CF ad No 142, 2011
am No 124, 2017
Part 8
s 50 am No 5, 2011; No 142, 2011; No 62, 2014; No 43, 2023
ss. 51, 52 am. No. 142, 2011
s 52A ad No 142, 2011
am No 124, 2017
s 52B ad No 142, 2011
am No 38, 2024
s 52C ad No 142, 2011
am No 174, 2012; No 13, 2013; No 13, 2021
s 52D ad No 142, 2011
am No 13, 2013; No 13, 2021
s. 53 rep. No. 142, 2011
s. 54 am. No. 142, 2011