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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fair Entitlements Guarantee
Amendment Bill 2014
No. , 2014
(Employment)
A Bill for an Act to amend the Fair Entitlements
Guarantee Act 2012, and for related purposes
No. , 2014
Fair Entitlements Guarantee Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Fair Entitlements Guarantee Act 2012
3
No. , 2014
Fair Entitlements Guarantee Amendment Bill 2014
1
A Bill for an Act to amend the Fair Entitlements
1
Guarantee Act 2012, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Fair Entitlements Guarantee
5
Amendment Act 2014.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Fair Entitlements Guarantee Amendment Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1,
items 1 to 12
The later of:
(a) 1 January 2015; and
(b) the day after this Act receives the Royal
Assent.
3. Schedule 1,
item 13
1 July 2015.
1 July 2015
4. Schedule 1,
item 14
The later of:
(a) 1 January 2015; and
(b) the day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2014
Fair Entitlements Guarantee Amendment Bill 2014
3
Schedule 1
--Amendments
1
2
Fair Entitlements Guarantee Act 2012
3
1 After section 7
4
Insert:
5
7A Tax withholding or deduction
6
Nothing in this Act affects any requirement for a person to
7
withhold or deduct an amount as required by law.
8
Note:
The Secretary or another person may be required to withhold or
9
deduct an amount because of the Pay as you go (PAYG) withholding
10
rules, or because of any other Commonwealth, State or Territory law
11
that requires a person to withhold or deduct an amount.
12
2 Paragraph 10(1)(f)
13
Repeal the paragraph.
14
3 Subsection 10(1) (note)
15
Omit "Note", substitute "Note 1".
16
4 At the end of subsection 10(1)
17
Add:
18
Note 2:
The amount of an advance may be reduced where a person has not
19
taken reasonable steps to be paid a debt: see section 17A.
20
5 After section 17
21
Insert:
22
17A Reduction of advance for certain debts to the person
23
(1) Subsection (2) applies if:
24
(a) a person is (or would, apart from the discharge of the
25
bankruptcy of the employer, be) owed one or more debts
26
wholly or partly attributable to all or part of one or more
27
employment entitlements; and
28
(b) the person was owed any of the debts before an insolvency
29
event happened; and
30
Schedule 1 Amendments
4
Fair Entitlements Guarantee Amendment Bill 2014
No. , 2014
(c) the person did not take reasonable steps before the insolvency
1
event happened to be paid some of those debts (the
2
unclaimed debts).
3
(2) The Secretary may reduce the amount of an advance worked out
4
under section 16 for a person's employment by the employer by an
5
amount not exceeding the sum of the person's unclaimed debts.
6
6 Paragraph 23(b)
7
Repeal the paragraph, substitute:
8
(b) does not exceed 16 weeks' pay (at the rate relevant to
9
working out the entitlement).
10
7 Section 24
11
Repeal the section, substitute:
12
24 Basic amount for wages entitlement
13
The basic amount for a person's wages entitlement is the person's
14
wages entitlement.
15
Note:
Sections 25 and 27 may affect the basic amount.
16
8 Paragraph 28(1)(b)
17
Omit ", subject to the liquidator or trustee withholding or deducting an
18
amount as required by law".
19
9 Paragraph 28(1)(c)
20
Omit ", subject to the payee withholding or deducting an amount as
21
required by law".
22
10 At the end of subsection 28(1)
23
Add:
24
Note:
The Secretary or another person may be required to withhold or
25
deduct an amount because of the Pay as you go (PAYG) withholding
26
rules, or because of any other Commonwealth, State or Territory law
27
that requires a person to withhold or deduct an amount: see
28
section 7A.
29
11 After subsection 32(2)
30
Insert:
31
Amendments Schedule 1
No. , 2014
Fair Entitlements Guarantee Amendment Bill 2014
5
(2A) If, after reducing the amount of the advance for the person's
1
employment entitlement to nil under subsection (2), an amount of
2
the debt remains, the remaining amount is taken to have applied
3
proportionally to what would (apart from the reduction of that
4
amount) have been the amounts of the advance that would have
5
been for the other employment entitlements.
6
12 After section 49
7
Insert:
8
49A Death does not affect eligibility for, or payability of, an advance
9
The death of a person at or after the end of the person's
10
employment does not prevent:
11
(a) the person from being eligible for an advance; or
12
(b) an advance that the person is eligible for from being paid to
13
the person's estate (either directly or by being paid to
14
someone else to pass an amount on to the estate).
15
13 Section 51
16
Repeal the section, substitute:
17
51 Appropriation
18
The Consolidated Revenue Fund is appropriated for:
19
(a) the purposes of payments under this Act or a regulation made
20
for the purposes of section 50; and
21
(b) the purposes of paying amounts to another person in respect
22
of legal costs incurred by the Department in relation to:
23
(i) an application to the Administrative Appeals Tribunal
24
made under section 40; or
25
(ii) an appeal to a court in respect of such an application.
26
14 Application
27
(1)
The amendment to section 51 of the Fair Entitlements Guarantee Act
28
2012 made by this Schedule applies in relation to a payment made on or
29
after 1 July 2015 (whether or not the liability to make the payment was
30
incurred before or after that date).
31
Schedule 1 Amendments
6
Fair Entitlements Guarantee Amendment Bill 2014
No. , 2014
(2)
All other amendments of that Act made by this Schedule apply to an
1
insolvency event that happens to an employer on or after the
2
commencement of this item.
3