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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Portable Long Service Leave Legislation
Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendments relating to building and construction industry 3
Schedule 2 Amendments relating to contract cleaning industry 4
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Portable Long Service Leave Legislation
Amendment Bill 2024
Act No , 2024
An Act to amend the Building and Construction Industry Long Service Payments Act 1986, the
Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010 and regulations
under the Acts to prevent the cancellation of registration under the Acts because of work carried
out at Commonwealth places; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Portable Long Service Leave Legislation Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Portable Long Service Leave Legislation Amendment Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Portable Long Service Leave Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendments relating to building and construction industry
Schedule 1 Amendments relating to building and
construction industry
1.1 Building and Construction Industry Long Service Payments Act 1986
No 19
[1] Section 19 Cancellation or suspension of registration
Insert after section 19(7)--
(7A) If the cancelled registration of a person is restored under this section, this Act
applies in relation to the person as if the person's registration had not been
cancelled.
[2] Section 19A
Insert after section 19--
19A Restoration of cancelled registration
A special circumstance warranting reinstatement of the registration of a
worker under section 19(6)(b)(i) is if--
(a) the non-service days used as the basis for cancelling the registration
included days (Commonwealth place days) on which the worker
performed building and construction work at a place that--
(i) is a Commonwealth place within the meaning of the
Commonwealth Places (Application of Laws) Act 1970, and
(ii) is within the State, and
(b) the registration would not have been cancelled if the Commonwealth
place days were days of service.
1.2 Building and Construction Industry Long Service Payments
Regulation 2022
Section 7 Non-service days--the Act, s 19
Insert after section 7(1)(c)--
(c1) a day on which a worker performs building and construction work at a
place that--
(i) is a Commonwealth place within the meaning of the
Commonwealth Places (Application of Laws) Act 1970, and
(ii) is within the State,
Page 3
Portable Long Service Leave Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendments relating to contract cleaning industry
Schedule 2 Amendments relating to contract cleaning
industry
2.1 Contract Cleaning Industry (Portable Long Service Leave Scheme) Act
2010 No 122
[1] Schedule 2 Savings, transitional and other provisions
Insert before clause 1--
Part 1 Regulations
[2] Schedule 2, Part 2
Insert after clause 2--
Part 2 Provision consequent on enactment of Portable
Long Service Leave Legislation Amendment Act
2024
3 Reinstatement of cancelled registration
(1) A special circumstance warranting reinstatement of registration of a person as
a worker under section 30(1) is that the registration would not have been
cancelled had the days on which the worker performed cleaning work at a
Commonwealth place within the State been excluded from the non-service
days used as the basis for the cancellation.
(2) In this section--
Commonwealth place has the same meaning as in the Commonwealth Places
(Application of Laws) Act 1970.
2.2 Contract Cleaning Industry (Portable Long Service Leave Scheme)
Regulation 2022
Section 5 Non-service days--the Act, ss 28 and 29
Insert after section 5(1)(c)--
(c1) a day on which a worker performs cleaning work at a place that--
(i) is a Commonwealth place within the meaning of the
Commonwealth Places (Application of Laws) Act 1970, and
(ii) is within the State,
Page 4
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