post-sale long service leave rights, in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day.

(1)

This section provides that, in certain circumstances, a CSL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.

(2)

This section applies in relation to a person who was an employee of CSL immediately before the sale day if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

(3)

This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.

(4)

If, from and after the sale day, the employee continues to be employed by a CSL body until his or her combined service period is at least 10 years, the CSL body may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subsection 19(1).

(5)

If:

(a)

the employee stops being an employee of a CSL body, on or after reaching the minimum retirement age, or because of retrenchment; and

(b)

the employee's combined service period at the time when he or she stops being an employee of the CSL body is at least one year;

the CSL body may grant the employee long service leave on full salary for a period up to the employee's long service leave credit under subsection 19(1).

(6)

If a period of long service leave may be granted to an employee under subsection (4) or (5), the CSL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period not exceeding twice the first-mentioned period.

(7)

Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee stops being an employee.

(8)

For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act as if:

(a)

that section applied to the employee; and

(b)

for the expression "section 16 or 17" in that section there were substituted the expression "section 16 of the CSL Sale Act 1993".

(1)

This section provides that, in certain circumstances, a CSL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 16.

(2)

This section applies in relation to a person who was an employee of CSL immediately before the sale day, if, at that time, the employee's period of service for the purposes of the Long Service Leave Act was less than 10 years.

(3)

This section does not apply in relation to an employee who stops being an employee of a CSL body by dying. Section 18 covers those employees.

(4)

Subject to subsection (7), if the employee stops being an employee of a CSL body on or after the day on which his or her combined service period reaches 10 years, the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).

(5)

Subject to subsection (7), if:

(a)

the employee stops being an employee of a CSL body, on or after reaching the minimum retiring age, or because of retrenchment; and

(b)

at that time the employee's combined service period is at least one year;

the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).

(6)

Subject to subsection (7), if:

(a)

the employee stops being an employee of a CSL body; and

(b)

the CSL body is satisfied that the employee left the CSL body because of ill-health that justified his or her so leaving; and

(c)

when the employee left, his or her combined service period was at least one year;

the CSL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 19(2).

(7)

An employee may, by written notice given to a CSL body before the employee stops being an employee of the CSL body:

(a)

ask the CSL body not to make a payment to the employee under this section; or

(b)

ask the CSL body to make a payment under subsection (4), (5) or (6) of a specified amount that is less than the amount that would otherwise be payable under that subsection.

(8)

The CSL body must comply with the request made under subsection (7).

(9)

For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:

(a)

that section applied to the employee; and

(b)

for the expression "sections 16 and 17" in that section there were substituted the expression "section 17 of the CSL Sale Act 1993".

(1)

This section applies in relation to a person who was an employee of CSL immediately before the sale day 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, on or after the sale day, the employee died and immediately before his or her death:

(a)

the employee was an employee of a CSL body; and

(b)

the employee's combined service period was at least one year; and

(c)

the employee had one or more dependants;

the CSL body must make a payment to a dependant or to 2 or more dependants of the employee.

(3)

The total amount of the payment or payments is the amount that would have been payable to the employee under section 17 if, on the day of his or her death, the employee had instead stopped being an employee of the CSL body on or after reaching the minimum retiring age.

(4)

If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:

(a)

that section applied to an employee of a CSL body; and

(b)

a reference in that section to the approving authority were a reference to the CSL body; and

(c)

the section were further modified as set out in the following table:

(1)

For the purposes of section 16, an employee's long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:

(a)

starting when the employee started his or her period of service; and

(b)

ending on the sale day;

if the employee had been retrenched on the sale day.

(2)

For the purposes of section 17, an employee's long service leave credit is the employee's long service leave credit worked out under subsection (1) reduced by any long service leave credit used under section 16.

To avoid doubt it is declared that this Division does not affect an employee's post-sale long service leave rights.

If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of CSL was at least 10 years, then:

(a)

despite the amendment of the Long Service Leave (Commonwealth Employees) Regulations by this Act the employee's accrued rights under that Act continue; and

(b)

that Act has effect after the sale day in relation to the employee as if CSL were an approving authority for the purposes of that Act.

Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same respective meanings as in that Act.

If a CSL body stops being a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the CSL body to the extent and in the manner, set out in this Division.

(1)

The SRC Act continues to apply on and after the sale day in relation to:

(a)

injuries suffered by employees of a CSL body before the sale day; and

(b)

loss of, or damage to, property incurred by employees of a CSL body before the sale day;

including employees who have stopped being employees of a CSL body before the sale day.

(2)

For the purposes of subsection (1), the SRC Act continues to apply as if:

(a)

the CSL body continues to be a Commonwealth authority; and

(b)

the chief executive officer of the CSL body (however described) continues to be the principal officer of a Commonwealth authority.

(1)

On and after the sale day, Division 4A of Part VII of the SRC Act applies to a CSL body as if:

(a)

the CSL body continues to be a Commonwealth authority; and

(b)

the CSL body is not required to pay a premium under that Division in respect of that part of a financial year which occurs after the sale day; and

(c)

the following word and paragraph were added at the end of subsection 96H(1):

"; or (f) in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.".

(2)

If, 60 days after the sale day, an amount of premium payable by a CSL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth and payable to Comcare.

On and after the sale day, Part VIIIA of the SRC Act continues to apply to a CSL body as if any licence granted to the CSL body under that Part was revoked on the sale day.

On and after the sale day, section 128A of the SRC Act continues to apply to a CSL body as if the CSL body continues to be a prescribed Commonwealth authority for the purposes of that section.

(1)

This section applies to a CSL body that was a Commonwealth authority immediately before the sale day.

(2)

The chief executive officer (however described) of the CSL body must notify the Commission, within 28 days after the sale day of the amount of salary, wages or pay paid to employees of the CSL body in the period starting on 1 July in the financial year in which the sale day occurs and ending on the day before the sale day.

(1)

If a CSL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the CSL body is entitled to be paid an amount equal to the amount worked out using the following formula:

where: