Long Service Leave (Portable Schemes) Act 2009

This section applies if the Minister is satisfied on reasonable grounds that the Act should apply to a person or work or an activity to which the Act does not apply.

The Minister may declare, for this Act—

a person to be an employer for a covered industry; or

a person to be an employee, or an employee of a stated employer, for a covered industry; or

a person to be a voluntary member for a covered industry; or

work, or an activity, to be work in a covered industry.

However, the Minister may only make a declaration that is consistent with the objects of the Act.

A declaration must state the following:

the person or work to which the declaration applies;

any conditions of the declaration.

Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

A person declared to be an employee of a stated employer is taken to be employed by the employer.

A declaration is a disallowable instrument.