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CONSTRUCTION INDUSTRY LONG SERVICE LEAVE BILL 1997

                 PARLIAMENT OF VICTORIA

Construction Industry Long Service Leave Act 1997
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                                            Page

PART 1--PRELIMINARY                                                  1
  1.     Purpose                                                     1
  2.     Commencement                                                2
  3.     Definitions                                                 2

PART 2--CONSTRUCTION INDUSTRY LONG SERVICE
LEAVE FUND                                                           4
  4.     Long service leave charges                                  4
  5.     Recovery of charges                                         5
  6.     Entitlements                                                5
  7.     Restriction on powers of trustee                            5
  8.     Registers                                                   6
  9.     Requirement to keep records and make returns                7
  10.    Trustee may request information                             8
  11.    Enforcement of information request                          9
  12.    Disputes                                                   10
  13.    Contracting out prohibited                                 11
  14.    Rule against perpetuities                                  11

PART 3--MISCELLANEOUS                                               12
  15.    Extension of period for filing charges                     12
  16.    General provisions as to proceedings for offences          12
  17.    Offences by corporations and partnerships etc.             12
  18.    Reciprocal arrangements                                    13
  19.    Transitional reciprocal arrangements                       14
  20.    Repeal of Construction Industry Long Service Leave Act
         1983                                                       15
  21.    Annual report for 1996-97                                  15
  22.    Transitional provisions (working sub-contractors)          15




                                     i
531134B.I1-23/4/97

 


 

Clause Page PART 4--PROPERTY TRANSFER AND STAFF SUPERANNUATION 17 Division 1--Preliminary 17 23. Definitions 17 24. Directions 19 Division 2--Property Transfer by Operation of Act 19 25. Trustee to be successor in law of former Board 19 26. Construction Industry Long Service Leave Fund 20 Division 3--Property Transfer by Allocation before Commencement Day 20 27. Minister may direct transfer of property 20 28. Property transferred in accordance with direction 21 29. Allocation of property etc. subject to encumbrances 21 Division 4--Staff Superannuation 22 30. Superannuation 22 Division 5--General 23 31. Value to State of former Board property 23 32. Substitution of party to agreement 23 33. Former Board instruments 24 34. Proceedings 24 35. Interests in land 24 36. Amendment of Register 25 37. Taxes 25 38. Evidence 25 39. Re-structuring costs 26 40. Validity of things done under this Part 26 NOTES 28 ii 531134B.I1-23/4/97

 


 

PARLIAMENT OF VICTORIA A BILL to repeal the Construction Industry Long Service Leave Act 1983 and provide for the scheme established by that Act to be administered in accordance with a trust deed by a company incorporated under the Corporations Law and for other purposes. Construction Industry Long Service Leave Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to repeal the Construction Industry Long Service Leave Act 5 1983 and provide for the scheme established by 1 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 2 Act No. that Act to be administered in accordance with a trust deed by a company incorporated under the Corporations Law. 2. Commencement 5 (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. 10 (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 1998, it comes into operation on that day. 3. Definitions (1) In this Act-- 15 "commencement day" means the day on which section 20 comes into operation; "director", in relation to a corporation, has the same meaning as in section 9 of the Corporations Law; 20 "existing staff member" means a person who, immediately before the commencement day-- (a) was an officer or employee under the Public Sector Management Act 1992 25 assisting the former Board in the administration of the former Act; or (b) was employed by the former Board; "former Act" means the Construction Industry Long Service Leave Act 1983 as in force 30 immediately before its repeal; "former Board" means the Construction Industry Long Service Leave Board established under Part II of the former Act; 2 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 3 Act No. "former fund" means the Construction Industry Long Service Leave Fund established under section 9 of the former Act; "fund" means the Construction Industry Long 5 Service Leave Fund established under the trust deed; "person" includes an unincorporated body and a partnership; "trust deed" means the trust deed executed by 10 CoINVEST Limited A.C.N. 078 004 985 as trustee on 1 April 1997 as amended and in force for the time being; "trustee" means CoINVEST Limited A.C.N. 078 004 985 or any new trustee appointed 15 under, and in accordance with, the trust deed. (2) Words and expressions used in the rules set out in Schedule 2 to the trust deed and in this Act have the same respective meanings in this Act as they have in those rules as amended and in force for 20 the time being. (3) Sub-section (2) does not apply to the extent that the context or subject-matter otherwise indicates or requires. _______________ 25 3 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 4 Act No. PART 2--CONSTRUCTION INDUSTRY LONG SERVICE LEAVE FUND 4. Long service leave charges (1) The trust deed may require-- 5 (a) an employer to pay to the trustee a long service leave charge in respect of every worker employed by the employer to perform construction work; (b) a working sub-contractor (who has made an 10 election referred to in sub-section (4)) to pay to the trustee a long service leave charge in respect of construction work performed by the working sub-contractor. (2) The date by which a long service leave charge is 15 payable, the period in respect of which it is payable, the amount of charge payable and the method by which that amount is to be calculated are as determined from time to time by the trustee in accordance with the trust deed. 20 (3) The long service leave charge imposed on an employer in respect of a worker must not be more than 3% of the ordinary pay of the worker. (4) The trust deed must permit a working sub- contractor to elect to pay a long service leave 25 charge in respect of construction work performed by the working sub-contractor and to revoke that election at any time. (5) The trust deed may provide for long service leave charges to be payable at different rates in respect 30 of -- (a) workers and working sub-contractors; 4 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 5 Act No. (b) different classes of construction work performed by workers or working sub- contractors. 5. Recovery of charges 5 (1) The trustee may recover any amount of long service leave charge owing to the trustee by an employer or working sub-contractor, together with interest in accordance with sub-section (2), as a debt in any court of competent jurisdiction. 10 (2) Interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 is payable on any amount owing to the trustee calculated from the date on which the amount becomes due until the date on which the amount is 15 paid or otherwise recovered under sub-section (1). 6. Entitlements (1) Every worker is entitled to long service leave, and to be paid benefits out of the fund, in respect of continuous service in the construction industry. 20 (2) Every working sub-contractor who has paid long service leave charges is entitled to be paid benefits out of the fund in respect of continuous service in the construction industry. (3) The amount of the entitlement and the method by 25 which that amount is to be calculated are as determined from time to time by the trustee in accordance with the trust deed. 7. Restriction on powers of trustee (1) The trustee must not, without the prior approval of 30 the Governor in Council, exercise any power, authority or discretion given to the trustee by the trust deed the exercise of which would have the effect of enlarging the class of persons capable of being paid benefits out of the fund. 5 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 8 Act No. (2) Without limiting sub-section (1), that sub- section-- (a) has effect with respect to any addition to, or any amendment, modification, variation, 5 deletion, revocation, substitution or replacement of, the whole or any part of the trust deed by which-- (i) the meaning or scope of the expressions "construction work" or "construction 10 industry" is enlarged, whether directly or indirectly; or (ii) an award is prescribed for the purposes of the fund; (b) does not have effect with respect to a 15 decision as to whether or not a particular person is within a class of persons then capable of being paid benefits out of the fund (whether as a result of an amendment of a prescribed award or otherwise) or as to the 20 amount of any benefit to which such a person is entitled. 8. Registers (1) An employer whose name is not included in the register of employers or the register of working 25 sub-contractors kept by the trustee in accordance with the trust deed must not for more than 5 days in any month-- (a) employ workers under a contract of employment to perform construction work; 30 or (b) being a principal contractor, engage any other employer or working sub-contractor by 6 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 9 Act No. contract (not being a contract of employment) to perform construction work. Penalty: 20 penalty units. (2) A working sub-contractor whose name is not 5 included in the register of working sub-contractors kept by the trustee in accordance with the trust deed must not, for more than 5 days in any month, perform construction work as a working sub- contractor. 10 Penalty: 20 penalty units. (3) A worker whose name is not included in the register of workers kept by the trustee in accordance with the trust deed must not, for more than 5 days in any month, perform construction 15 work as a worker. Penalty: 20 penalty units. 9. Requirement to keep records and make returns (1) An employer must-- (a) in accordance with the trust deed, keep 20 records containing information relating to workers employed to perform construction work; (b) retain any such record for at least 7 years after the last entry was made in it; 25 (c) in accordance with the trust deed, send to the trustee from time to time information relating to workers employed to perform construction work. Penalty: 20 penalty units. 30 (2) An employer must not make any false or misleading statement in, or any material omission 7 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 10 Act No. from, any record that the employer is required by sub-section (1)(a) to keep. Penalty: 20 penalty units. (3) In a proceeding for an offence against sub-section 5 (2) it is a defence to the charge for the accused to prove that the statement or omission resulted from an error made in good faith. 10. Trustee may request information (1) The trustee may, by notice in writing given to an 10 employer or a working sub-contractor or any person whom the trustee believes to be an employer or a working sub-contractor, require that person-- (a) to give any information to the trustee; or 15 (b) to produce to the trustee any document under that person's control-- that is relevant to the ascertainment by the trustee of that or any other person's rights or liabilities under the trust deed. 20 (2) A notice under sub-section (1) must specify-- (a) the time or times, not sooner than 28 days after the date of the notice, at which; and (b) the form and manner in which-- the information is to be given or the document 25 produced. (3) A person to whom a notice is given under sub- section (1) must not-- (a) refuse or fail to comply with the notice; or (b) in response to the notice give information 30 that is false or misleading in a material particular. Penalty: 20 penalty units. 8 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 11 Act No. (4) A person is not excused from complying with a notice under sub-section (1) on the ground that compliance might tend to incriminate the person but, if the person in writing given to the trustee 5 before complying with the notice, claims that compliance might tend to incriminate the person, any information given or document produced by the person in compliance with the notice is not admissible in evidence against the person in 10 criminal proceedings, other than proceedings under this Act or other proceedings in respect of the falsity of the information or document. (5) In a proceeding for an offence against sub-section (3)(b) it is a defence to the charge for the accused 15 to prove that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds-- (a) in the case of false information--that the information was true; or 20 (b) in the case of misleading information--that the information was not misleading. 11. Enforcement of information request (1) Irrespective of whether a proceeding is commenced for an offence against section 25 10(3)(a), the trustee may apply to the Magistrates' Court for an order directing a person to whom a notice was given under section 10(1) to comply with the notice within a specified time. (2) On an application under sub-section (1) the 30 Magistrates' Court must, if it considers that there are reasonable grounds for believing that the person has refused or failed to comply with the notice, grant the application unless it considers that in the circumstances there are reasonable 35 grounds for not doing so. 9 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 12 Act No. (3) In the application of section 135 of the Magistrates' Court Act 1989 to an order under this section-- (a) sub-section (3)(a) of section 135 has effect 5 as if it provided for a fine of not more than 10 penalty units for every day during which the default continues; and (b) sub-section (4)(b) of section 135 has effect as if it provided for maximum aggregate 10 sums of 400 penalty units. 12. Disputes (1) Any of the following disputes (to the extent to which it involves issues that are not the subject of or have not been determined in a proceeding for 15 an offence against this Act) is a dispute for the purposes of this section-- (a) a dispute about whether a person is an employer who employs or engages a person or persons to perform construction work 20 between-- (i) that person and the trustee; or (ii) that person and a person or persons employed or engaged by that person; or (iii) a person or persons employed or 25 engaged by that person and the trustee; (b) a dispute about whether a person is employed or engaged to perform construction work between-- (i) that person and an employer; or 30 (ii) that person and the trustee; or (iii) an employer and the trustee; (c) any other dispute concerning the scheme dealt with by the trust deed between-- 10 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 13 Act No. (i) an employer and a person or persons employed or engaged by the employer; or (ii) any person referred to in sub-paragraph 5 (i) and the trustee; or (iii) a working sub-contractor and the trustee. (2) If a dispute is not settled, the parties to the dispute must be taken to have entered into an agreement 10 in writing to refer the dispute to arbitration in accordance with the Commercial Arbitration Act 1984 before a single arbitrator appointed by the Secretary-General for the time being of the Australian Centre for International Commercial 15 Arbitration. (3) Unless the arbitrator otherwise directs, the costs of the arbitration shall be borne equally by the parties to the dispute. 13. Contracting out prohibited 20 Except as is otherwise expressly provided by this Act or the trust deed, any term of an agreement purporting to exclude, limit or modify the operation of this Act or the trust deed is void. 14. Rule against perpetuities 25 Without limiting section 17 of the Perpetuities and Accumulations Act 1968, the rule of law known as the rule against perpetuities does not apply to the fund and must be deemed never to have applied to the former fund. 30 _______________ 11 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 15 Act No. PART 3--MISCELLANEOUS 15. Extension of period for filing charges Despite anything to the contrary in any other Act, a charge for an offence against this Act may be 5 filed at any time within 5 years after the commission of the alleged offence. 16. General provisions as to proceedings for offences The following provisions have effect with respect to proceedings for offences against this Act-- 10 (a) the onus of proof that the person named in a charge as an employee of the defendant was not employed as alleged in that charge is on the defendant; (b) it is not a defence that an employer was not 15 in Victoria at the time the alleged offence was committed. 17. Offences by corporations and partnerships etc. (1) If a corporation contravenes a provision of this Act, each person who is a director of the 20 corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention. 25 (2) A person may be proceeded against and convicted under a provision in accordance with sub-section (1) whether or not the corporation has been proceeded against or convicted under that provision. 30 (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act. 12 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 18 Act No. (4) If in a proceeding for an offence against this Act it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention. 5 (5) If this Act provides that a person is guilty of an offence, that reference to a person must-- (a) if the person is a partnership, be read as a reference to each member of the partnership; and 10 (b) if the person is an unincorporated association, be read as a reference to each member of the committee of management of the association. 18. Reciprocal arrangements 15 (1) The Minister may make a reciprocal arrangement with a Minister responsible for the administration of a corresponding law in any other State or Territory of the Commonwealth. (2) A reciprocal arrangement may relate to long 20 service leave payments, the exchange of information about service credits and entitlements to long service payments between the trustee and any corresponding body under a corresponding law and any other matters relating to long service 25 leave payments which the Minister thinks are necessary or convenient. (3) If-- (a) a person has been paid a long service leave payment by a corresponding body under a 30 corresponding law; and (b) the payment is either wholly or partly in respect of a period of service in the construction industry in Victoria; and 13 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 19 Act No. (c) the Minister has entered into a reciprocal arrangement with the Minister responsible for administering that corresponding law-- the trustee must pay to the corresponding body an 5 amount equal to the amount that bears the same proportion to the amount paid to the person as the period of service in the construction industry in Victoria bears to the total period of service in respect of which the payment was made. 10 (4) A repayment by the trustee under sub-section (3) is subject to any terms and conditions that are specified in the reciprocal arrangement. (5) If a reciprocal arrangement has been made, this Act and the trust deed are to be construed as 15 applying with any modifications that are necessary to give effect to the terms of the reciprocal arrangement. (6) In this section "corresponding law", in relation to a State or Territory of the Commonwealth other 20 than Victoria, means a law of that State or Territory that-- (a) provides for long service leave payments to persons employed in the construction industry that are the same as, or are similar 25 to, the payments provided for by this Act and the trust deed; and (b) is specified by the Minister by notice published in the Government Gazette as a corresponding law for the purposes of this 30 section. 19. Transitional reciprocal arrangements (1) A reciprocal arrangement made under section 46A of the former Act in force immediately before the commencement day continues in force on and 35 after that day according to its tenor but with the 14 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 20 Act No. modification that, in its application to Victoria, the trustee is bound by it in place of the former Board and has all the rights, liabilities, duties and obligations of the former Board under that 5 arrangement. (2) The laws listed in Schedule 3 to the Construction Industry Long Service Leave Regulations 1993 as in force immediately before the commencement day are, until a notice is published by the Minister 10 under section 18(6)(b), deemed to be corresponding laws for the purposes of section 18. 20. Repeal of Construction Industry Long Service Leave Act 1983 No. 9935. The Construction Industry Long Service Leave Reprinted to 15 Act 1983 is repealed. No. 100/1995. Subsequently amended by No. 59/1996. 21. Annual report for 1996-97 The trustee must prepare and submit the report of operations and financial statements of the former Board for its final financial year in accordance 20 with Part 7 of the Financial Management Act 1994. 22. Transitional provisions (working sub-contractors) (1) A working sub-contractor to whom Parts V and VI of the former Act applied immediately before 25 the commencement day is deemed to have made an election referred to in section 4(4) of this Act. (2) An election deemed to have been made by force of sub-section (1) may be revoked by the working sub-contractor in accordance with the trust deed. 30 _______________ 15 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 Act No. 16 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 23 Act No. PART 4--PROPERTY TRANSFER AND STAFF SUPERANNUATION Division 1--Preliminary 23. Definitions 5 (1) In this Part-- "complying superannuation fund" means a superannuation entity or a superannuation fund within the meaning of section 10 of the Superannuation Industry (Supervision) Act 10 1993 of the Commonwealth which is a complying superannuation fund or a complying approved deposit fund within the meaning of the Income Tax Assessment Act 1936 of the Commonwealth; 15 "former Board instrument" means an instrument (including a legislative instrument other than this Act and the former Act and regulations under that Act) or an oral agreement subsisting immediately 20 before the appropriate relevant date-- (a) to which the former Board was a party; or (b) that was given to or in favour of the former Board; or 25 (c) that refers to the former Board; or (d) under which-- (i) money is, or may become, payable to or by the former Board; or 30 (ii) other property is to be, or may become liable to be, transferred to or by the former Board; 17 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 23 Act No. "former Board property" means property, rights or liabilities of the former Board that, under this Part, have vested in, or become liabilities of, the trustee or the State; 5 "liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective; "property" means any legal or equitable estate or interest (whether present or future and 10 whether vested or contingent) in real or personal property of any description; "relevant date"-- (a) in relation to property, rights or liabilities of the former Board that are 15 transferred to the trustee under Division 2, means the commencement day; (b) in relation to an allocation statement under Division 3 or property, rights or 20 liabilities allocated under such a statement, means the date fixed by the Minister under sub-section (2) for the purposes of that statement; "rights" means all rights, powers, privileges and 25 immunities, whether actual, contingent or prospective; "transferee", in relation to former Board property, means the trustee or the State, as the case requires, to which the property has 30 been transferred under this Part. (2) The Minister may, by notice published in the Government Gazette, fix a date before the commencement day as the relevant date for the purposes of an allocation statement under 35 Division 3. 18 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 24 Act No. 24. Directions (1) The Minister may give to the former Board any written direction that he or she thinks fit in connection with the winding-up of the former 5 Board and the transfer of its property, rights and liabilities. (2) The former Board must comply with a direction given under this section. Division 2--Property Transfer by Operation of Act 10 25. Trustee to be successor in law of former Board On the commencement day-- (a) the former Board is abolished and its members and any deputy members go out of office; 15 (b) all property and rights that, immediately before that day, were vested in the former Board are, by force of this section, vested in the trustee; (c) all liabilities of the former Board existing 20 immediately before that day become, by force of this section, liabilities of the trustee; (d) subject to section 34, the trustee is, by force of this section, substituted as a party to any proceeding pending in any court or tribunal 25 to which the former Board was a party immediately before that day; (e) subject to section 32, the trustee is, by force of this section, substituted as a party to any arrangement or contract entered into by or on 30 behalf of the former Board as a party and in force immediately before that day; (f) any reference to the former Board in any Act (other than this Act) or in any subordinate 19 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 26 Act No. instrument within the meaning of the Interpretation of Legislation Act 1984 must, so far as it relates to any period occurring on or after that day and if not 5 inconsistent with the context or subject- matter, be construed as a reference to the trustee. 26. Construction Industry Long Service Leave Fund On the commencement day the former fund is 10 abolished and all money forming part of it immediately before that day forms part of the fund on and from that day and may be dealt with in accordance with the trust deed. Division 3--Property Transfer by Allocation before 15 Commencement Day 27. Minister may direct transfer of property (1) The Minister may give a direction in writing to the former Board directing it to transfer, in accordance with the direction, property, rights or 20 liabilities of a specified kind to the State. (2) Within 21 days after receiving a direction under sub-section (1), the former Board must give to the Minister a statement approved by the Minister relating to the property, rights and liabilities of the 25 former Board to which the direction relates, as at a date specified by the Minister for the purposes of this section. (3) A statement under this section-- (a) must allocate the property, rights and 30 liabilities of the former Board shown in the statement in accordance with the directions of the Minister; and (b) must be signed by the chief executive officer of the former Board. 20 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 28 Act No. (4) If a statement under this section is approved by the Minister-- (a) the Minister must sign the statement; and (b) the statement is an allocation statement for 5 the purposes of this Part. (5) The Minister may at any time direct the former Board to amend a statement given to him or her under this section as specified in the direction. (6) An allocation statement under this section may be 10 amended by writing signed by the Minister. (7) In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this section. 15 28. Property transferred in accordance with direction On the relevant date-- (a) all property and rights of the former Board, wherever located, that are allocated under an allocation statement in accordance with a 20 direction of the Minister under section 27, vest in the State in accordance with the statement; and (b) all liabilities of the former Board, wherever located, that are allocated under an allocation 25 statement become liabilities of the State in accordance with the statement. 29. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Division otherwise provides, where, under this Division-- 30 (a) property and rights vest in; or (b) liabilities become liabilities of-- 21 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 30 Act No. the State in accordance with a direction under section 27-- (c) the property and rights so vested are subject to the encumbrances (if any) to which they 5 were subject immediately before so vesting; and (d) the rights to which the former Board was entitled in respect of those liabilities immediately before they ceased to be 10 liabilities of the former Board vest in the State. Division 4--Staff Superannuation 30. Superannuation (1) An existing staff member who accepts an offer of 15 employment made by the trustee may elect, no later than 2 months after the commencement day, to transfer the transfer amount to a complying superannuation fund. (2) The transfer amount and the terms and conditions 20 that apply in respect of the transfer are to be determined by the Minister administering the State Superannuation Act 1988. (3) The Victorian Superannuation Board must pay out of the State Superannuation Fund to the relevant 25 complying superannuation fund the transfer amount less any tax required to be paid under the Income Tax Assessment Act 1936 of the Commonwealth. 22 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 31 Act No. (4) If an existing staff member who accepts an offer of employment made by the trustee-- (a) elects not to transfer a transfer amount to a complying superannuation fund under sub- 5 section (1); or (b) fails to make an election in accordance with sub-section (1)-- the existing staff member is deemed, for the purposes of the State Superannuation Act 1988, 10 to have resigned from his or her employment with an employing authority within the meaning of that Act on the expiry of the period of 2 months beginning on the commencement day. (5) For the purposes of the Superannuation 15 (Portability) Act 1989, an existing staff member to whom sub-section (4) applies is entitled by virtue of this section to elect to make an application in accordance with section 5 of that Act. 20 Division 5--General 31. Value to State of former Board property The value to the State as at the relevant date of property, rights and liabilities of the former Board that are allocated to it under an allocation 25 statement is the value shown in, or calculated in accordance with, the relevant allocation statement. 32. Substitution of party to agreement Where, under an allocation statement, the rights and liabilities of the former Board under an 30 agreement vest in or are allocated to the State in accordance with a direction under section 27-- 23 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 33 Act No. (a) the State becomes, on the relevant date, a party to the agreement in place of the former Board; and (b) on and after the relevant date, the agreement 5 has effect as if the State had always been a party to the agreement. 33. Former Board instruments Each former Board instrument relating to former Board property continues to have effect according 10 to its tenor on and after the relevant date in relation to the transfer of that property as if a reference in the instrument to the former Board were a reference to the transferee. 34. Proceedings 15 If, immediately before the relevant date, proceedings relating to former Board property (including arbitration proceedings) to which the former Board was a party were pending or existing in any court or tribunal, then, on and after 20 that date, the transferee is substituted for the former Board as a party to the proceedings and has the same rights in the proceedings as the former Board had. 35. Interests in land 25 Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, the former Board is, in relation to former Board property, the registered proprietor of an 30 interest in land under the Transfer of Land Act 1958, then on and after that date-- (a) the transferee is to be taken to be the registered proprietor of that interest in land; and 24 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 36 Act No. (b) the transferee has the same rights and remedies in respect of that interest as the former Board had. 36. Amendment of Register 5 (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or other instrument, must make any amendments in the Register that are necessary because of the operation of this Part. 10 (2) The Registrar-General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of this Part. 37. Taxes 15 No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a 20 transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the former Board. 38. Evidence 25 (1) Documentary or other evidence that would have been admissible for or against the interests of the former Board in relation to former Board property if this Part had not been enacted is admissible for or against the interests of the transferee. 30 (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the former Board and to entries made in those books of account before the relevant date, whether or not they relate to former Board 35 property. 25 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 39 Act No. (3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958. 39. Re-structuring costs 5 (1) The Minister may, by notice in writing served on the trustee, require it to pay a specified amount to the State in respect of the costs incurred by the State in connection with the winding-up of the former Board and the transfer of its property, 10 rights and liabilities. (2) The trustee must, within the period specified in the notice, pay the specified amount out of the fund to the Minister for payment into the Consolidated Fund. 15 (3) An amount payable under this section may be recovered in a court of competent jurisdiction as a debt due to the State. 40. Validity of things done under this Part Nothing effected or to be effected by this Part or 20 done or suffered under this Part-- (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or 25 (b) is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, 30 any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition 35 which allows a person to exercise a power, 26 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 s. 40 Act No. right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract, instrument 5 or oral agreement or as causing or permitting the termination of any contract, instrument or oral agreement because of a change in the beneficial or legal ownership of any asset, right or liability; or 10 (e) is to be regarded as causing any contract, instrument or oral agreement to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or 15 (g) releases any surety or other obligee wholly or in part from any obligation. 27 531134B.I1-23/4/97

 


 

Construction Industry Long Service Leave Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 28 531134B.I1-23/4/97

 


 

 


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