Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 159, 2012
Compilation No. 3
Compilation date: 8 December 2021
Includes amendments up to: Act No. 127, 2021
Registered: 5 January 2022
About this compilation
This compilation
This is a compilation of the Fair Entitlements Guarantee Act 2012 that shows the text of the law as amended and in force on 8 December 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement...............................
3 Objects of this Act
4 Simplified outline of this Act
6 Kinds of employment entitlements
7 Wages
8 This Act binds the Crown
9 Extraterritorial operation
9A Rules may modify application of this Act in Norfolk Island
Part 2--Eligibility for advance
Division 1--Conditions of eligibility for advance
Subdivision A--Basic conditions of eligibility
10 Conditions of eligibility for advance
Subdivision B--Exclusions from eligibility
11 Exclusion for personal connection with employer
12 Exclusion for being newly employed after working as contractor
13 Exclusion for employment by certain employers
Division 2--Claim for eligibility for advance
14 Making an effective claim
15 Secretary must decide effective claim
Part 3--Amount of advance
Division 1--Working out the amount of an advance
16 General rule for working out the amount of an advance
17 Reduction for the person's debts to the employer
18 Nil amount if liquidator or bankruptcy trustee can fully pay entitlements soon
Division 2--Amounts for employment entitlements
Subdivision A--Working out amounts for employment entitlements
19 Working out amounts for employment entitlements
Subdivision B--General rules for basic amounts for employment entitlements
20 Basic amount for annual leave entitlement
21 Basic amount for long service leave entitlement
22 Basic amount for payment in lieu of notice entitlement
23 Basic amount for redundancy pay entitlement
24 Basic amount for wages entitlement
Subdivision C--Special rules for basic amounts for employment entitlements
25 Disregarding recently agreed changes in terms and conditions
26 Applying maximum weekly wage rate--entitlements except wages entitlement
27 Applying maximum weekly wage rate--wages entitlement
Part 4--Payment of advance
28 Payment to eligible person or intermediary
Part 5--Recovery of advance
Division 1--Recovery through winding up or bankruptcy
29 Recovery of advance paid to liquidator
30 Recovery of some amounts of advance paid to bankruptcy trustee
31 Recovery in other circumstances
32 Amounts of advance attributable to particular employment entitlements if advance reduced for debts to employer
33 Recovery of advance for employment for partnership
Division 2--Recovery from person eligible for advance
34 Recovery from person eligible for advance
Part 6--Administration
Division 1--Decision-making about advances
35 Presuming accuracy of certain information
36 Giving notice of decisions made under section 15
Division 2--Review of decisions about advances
Subdivision A--Internal review on the Secretary's own initiative
37 Review on the Secretary's own initiative
Subdivision B--Internal review on application
38 Application for review by Secretary
39 Action on application for review
Subdivision C--Review by the Administrative Appeals Tribunal
40 Application to the Administrative Appeals Tribunal for review
41 Limit on review of decision on amount of advance
Division 3--Information management
42 Use and disclosure of personal information by the Department for administering this Act
43 Use and disclosure of personal information by insolvency practitioners and payment intermediaries
44 Use and disclosure of personal information by persons making payments to former employees
45 Disclosure of personal information to certain agencies
Division 4--Arrangements for information and dealing with payments
46 Arrangements for information and dealing with payments
Division 5--Delegation
47 Delegation of Secretary's powers and functions
48 Delegation of Minister's powers
Part 7--Miscellaneous
49 Extended operation of this Act in relation to employers in administration under the Corporations Act 2001
50 Schemes for assistance of workers who were not employees
51 Appropriation
52 Recoverable payments
53 Reports about recoverable payments
54 Right to financial assistance may be reduced, cancelled etc. without compensation
55 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
159, 2012 | 28 Nov 2012 | s 3-55: 5 Dec 2012 (s 2(1) item 2) |
| |
62, 2014 | 30 June 2014 | Sch 9 (items 1, 2) and Sch 14: 1 July 2014 (s 2(1) item s 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
33, 2016 | 23 Mar 2016 | Sch 5 (item 50): 1 July 2016 (s 2(1) item 7) | -- | |
Treasury Laws Amendment (2021 Measures No. 5) Act 2021 | 127, 2021 | 7 Dec 2021 | Sch 2 (items 53-55): 8 Dec 2021 (s 2(1) item 3) | Sch 2 (item 55) |
Provision affected | How affected |
Part 1 |
|
s 5..................... | am No 62, 2014; No 127, 2021 |
s 9A.................... | ad No 33, 2016 |
Part 7 |
|
s 52.................... | am No 62, 2014 |