Document ID: chunk:federal_register_of_legislation:C1966A00077:body:0:p12
Version: federal_register_of_legislation:C1966A00077
Segment Type: other
Provision Reference: 
Character Range: 27892–30550

1962.
"(3.) A person to whom this section applies—
       (a) who has attained the age of sixty-five years, or, if he is a person eligible for service pension, sixty years, after the commencement of the Stevedoring Industry Act 1961;

       (b) who, on a date within one month after attaining that age—
            (i) ceases to be a registered waterside worker upon the cancellation of his registration at his own request; or
            (ii) becomes a registered irregular waterside worker at his own request;
       (c) who, from the commencement of the Stevedoring Industry Act 1961 until and including the date referred to in the last preceding paragraph, has been continuously registered as a waterside worker under this Act and has not, at any time during that period, been a registered irregular waterside worker or a waterside worker regarded by the Authority as an irregular waterside worker;
       (d) whose period of qualifying service is such that, if he were entitled under the last preceding section to long service leave in respect of it, the number of days of long service leave to which he would be so entitled by virtue of paragraphs (a) and (b) of sub-section (3.) of that section would be not less than the prescribed number; and
       (e) who has not become entitled to long service leave under paragraph (a) of sub-section (1.) of section forty-five d of the Stevedoring Industry Act 1956–1961 or that Act as amended and in force at any time before the commencement of the Stevedoring Industry Act 1966, or under paragraph (a) of sub-section (1.) of section forty-five d of this Act as in force after the commencement of the Stevedoring Industry Act 1966,
shall be paid an amount equal to the amount that he would be entitled to receive in respect of long service leave of seventy-eight days.
"(4.) For the purpose of ascertaining the amount that a person would be entitled to receive in respect of long service leave for the purposes of this section, the leave shall be deemed to have commenced immediately before the person ceased to be a registered waterside worker or became a registered irregular waterside worker, as the case may be.
"(5.) The entitlement of a person to a payment under this section is in substitution for and not in addition to any entitlement of the person to long service leave under any other provision of this Part.

"(6.) In this section 'the prescribed number', in relation to a person, means a number calculated in accordance with the formula—
where X equals 10 or a number equal to the number of whole years in that part of the qualifying service of the person occurring after the thirty-first day of