Document ID: chunk:federal_register_of_legislation:C2009C00387:clause:5_40
Version: federal_register_of_legislation:C2009C00387
Segment Type: clause
Provision Reference: sch 5 cl 40
Character Range: 44617–46213

40  Payments on the death of an employee

(1) This item applies to a person who was a staff member of a statutory authority immediately before the commencement time if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

(2) If the person dies after the commencement time and immediately before his or her death:
 (a) the person was an employee of a prescribed industry body; and
 (b) the person's combined service period was at least one year; and
 (c) the person had one or more dependants;
the body must make a payment to the dependant or dependants.

(3) The total amount of the payment or payments is the amount that would have been payable to the person under item 39 if, on the day of his or her death, the person had instead stopped being an employee of the prescribed industry body on or after reaching the minimum retiring age.

(4) If subitem (2) applies, section 23 of the Long Service Leave Act has effect as if:
 (a) that section applied to an employee of a prescribed industry body; and
 (b) a reference in that section to the approving authority were a reference to the relevant body; and
 (c) for the expression "this Act" in that section there were substituted the expression "item 40 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997"; and
 (d) for the expression "subsection 16(7) or 17(5)" there were substituted the expression "item 40 of Schedule 5 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997".