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This is a Bill, not an Act. For current law, see the Acts databases.


LONG SERVICE LEAVE (STATE EMPLOYEES) AMENDMENT BILL 5 OF 2003

                                       TASMANIA


                                           __________



                      LONG SERVICE LEAVE (STATE
                    EMPLOYEES) AMENDMENT BILL 2003

                                           __________


                                      CONTENTS
              1.     Short title
              2.     Commencement
              3.     Principal Act
              4.     Section 3 amended (Interpretation)
              5.     Section 3A inserted
                      3A. Amendment to Schedule 1
              6.     Section 9 amended (Employees previously employed by
                     Commonwealth, &c.)
              7.     Section 10 amended (Continuous employment)
              8.     Section 11 amended (Length of employment)
              9.     Section 14 repealed
              10.    Section 15 substituted
                      15.    Maximum amount of long service leave
              11.    Section 21 amended (Disputes)
              12.    Schedule 1 substituted
                      Schedule 1 - Prescribed Authorities




[Bill 5]-IV

 


 

2

 


 

LONG SERVICE LEAVE (STATE EMPLOYEES) AMENDMENT BILL 2003 (Brought in by the Minister for Infrastructure, the Honourable James Glennister Cox) A BILL FOR An Act to amend the Long Service Leave (State Employees) Act 1994 Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: Short title 1. This Act may be cited as the Long Service Leave (State Employees) Amendment Act 2003. Commencement 2. This Act commences on the day on which this Act receives the Royal Assent. Principal Act 3. In this Act, the Long Service Leave (State Employees) Act 1994* is referred to as the Principal Act. *No. 13 of 1994 [Bill 5] 3

 


 

s. 4 No. Long Service Leave (State Employees) 2003 Amendment Section 3 amended (Interpretation) 4. Section 3 of the Principal Act is amended by omitting "person who is employed in any capacity by the State," from the definition of "employee" and substituting "State Service officer, State Service employee or any other person who is employed in any capacity by". Section 3A inserted 5. After section 3 of the Principal Act, the following section is inserted in Part 1: Amendment to Schedule 1 3A. (1) The Governor may amend Schedule 1 - (a) by omitting the name of any employee, class of employees or prescribed authority; or (b) by inserting the name of any employee, class of employees or prescribed authority; or (c) where the name of any employee, class of employees or prescribed authority is changed, by omitting the name of that employee, class of employees or prescribed authority and substituting the new name. (2) The Governor may, by order, omit Schedule 1 and substitute a Schedule containing in Column 1 the names of any employee or class of employees and containing in Column 2 the titles or other description of any prescribed authority. 4

 


 

2003 Long Service Leave (State Employees) No. s. 6 Amendment Section 9 amended (Employees previously employed by Commonwealth, &c.) 6. Section 9(1) of the Principal Act is amended by inserting "and if the employee has not received any payment in respect of that long service leave" after "ceased to be so employed". Section 10 amended (Continuous employment) 7. Section 10 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "in the employment of the State" and substituting "as an employee"; (b) by omitting subsection (4) and substituting the following subsection: (4) The continuous employment of an employee ceases on the day on which the employee is dismissed, resigns or retires. (c) by inserting the following subsection after subsection (5): (6) Subsection (4) as substituted by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have had effect on 1 May 2001. Section 11 amended (Length of employment) 8. Section 11 of the Principal Act is amended as follows: (a) by omitting paragraph (a) from subsection (3); 5

 


 

s. 9 No. Long Service Leave (State Employees) 2003 Amendment (b) by inserting the following subsection after subsection (4): (5) The amendment of subsection (3) made by the Long Service Leave (State Employees) Amendment Act 2003 is taken to have had effect on 1 May 2001. Section 14 repealed 9. Section 14 of the Principal Act is repealed. Section 15 substituted 10. Section 15 of the Principal Act is repealed and the following section is substituted: Maximum amount of long service leave 15. An employee is not entitled to be credited with a period of long service leave in excess of 100 days unless the Minister has given permission as provided by section 16. Section 21 amended (Disputes) 11. Section 21 of the Principal Act is amended as follows: (a) by omitting paragraph (e) from subsection (1); (b) by omitting paragraphs (c), (d) and (e) from subsection (4). 6

 


 

2003 Long Service Leave (State Employees) No. s. 12 Amendment Schedule 1 substituted 12. Schedule 1 to the Principal Act is repealed and the following Schedule is substituted: SCHEDULE 1 - PRESCRIBED AUTHORITIES Sections 3 and 3A COLUMN 1 COLUMN 2 Employee or class of Prescribed authority employees Employees employed in the The President of the Legislative Council Legislative Council Employees employed in the The Speaker of the House of House of Assembly Assembly Employees employed on the The President of the recommendation of the Legislative Council and President of the Legislative the Speaker of the House Council and the Speaker of of Assembly acting jointly the House of Assembly Employees employed at The Official Secretary and Government House Head of the Governor's Establishment Employees employed by the The Stanley Cool Stores Stanley Cool Stores Board Board Employees employed under The Commissioner of Police the Police Regulation Act 1898 Government Printer, Tasmania 7

 


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