Document ID: chunk:federal_register_of_legislation:C1966A00077:body:0:p19
Version: federal_register_of_legislation:C1966A00077
Segment Type: other
Provision Reference: 
Character Range: 44738–47393

as to—
      (a) the entitlement of a person to long service leave;
       (b) the number of days of long service leave to which a person is or was entitled; or
       (c) the entitlement of a person to a payment under this Part or the amount of such a payment,
shall, in the first instance, be determined by the Authority.
"(2.) A person aggrieved by the decision of the Authority in respect of such a question may appeal to the Court.
"(3.) The Court has jurisdiction to hear and determine the appeal and that jurisdiction shall be exercised by a single Judge.

Determination by Authority in relation to qualifying service. &c, where records inadequate.
"45n.—(1.) Where the Authority is satisfied that, by reason of the inadequacy or lack of records relating to stevedoring operations carried out at a port during a period, it is impossible to ascertain the qualifying service or the qualifying days of a waterside worker who was, or of the waterside workers included in a class of waterside workers who were, registered at the port during the whole or a part of that period, the Authority may determine the qualifying service or the qualifying days, as the case requires, of the waterside worker, or of those waterside workers, by virtue of his or their registration and employment at the port during that period or that part of that period.
"(2.) A determination by the Authority for the purposes of the last preceding sub-section shall be made by instrument in writing in accordance with such principles, if any, as the Minister determines.

False representations in connexion with long service leave, &c.
"45p. A person shall not, for the purpose of obtaining, or establishing his entitlement to, any long service leave or payment in respect of long service leave under this Part, or for the purpose of obtaining a payment under section forty-five e of this Act, make a statement or furnish information that he knows to be false or misleading or does not believe to be true.
Penalty: Two hundred dollars.".

Retrospective operation of amendments in relation to certain waterside workers.
5. Where—
       (a) a person ceased to be a registered waterside worker (whether by death or otherwise) on or after the first day of January, One thousand nine hundred and sixty-six, and before the commencement of this Act;

       (b) he had not, before he so ceased, completed twenty years' qualifying service for the purposes of the Principal Act, and sub-section (2.) of section 45d of the Principal Act did not apply to him upon his so ceasing; and
       (c) if this Act had been in force at the time he so ceased—
            (i) he would, before he so