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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 10

Conditions of eligibility for advance

General conditions

             (1)  A person is eligible for an advance if the Secretary is satisfied of all of the following:

                     (a)  the person's employment by a particular employer has ended;

                     (b)  after the commencement of this section, an insolvency event happened to the employer;

                     (c)  the end of the employment:

                              (i)  was due to the insolvency of the employer; or

                             (ii)  occurred less than 6 months before the appointment of an insolvency practitioner for the employer; or

                            (iii)  occurred on or after the appointment of an insolvency practitioner for the employer;

                     (d)  the person is (or would, apart from the discharge of the bankruptcy of the employer, be) owed one or more debts wholly or partly attributable to all or part of one or more employment entitlements;

                     (e)  the person has taken steps, so far as reasonable, to prove those debts in the winding up or bankruptcy of the employer;

                      (f)  if the person was owed any of those debts before the insolvency event happened, the person took reasonable steps before that event to be paid those debts;

                     (g)  when the employment ended, the person was an Australian citizen or, under the Migration Act 1958 , the holder of a permanent visa or a special category visa;

                     (h)  an effective claim (see section 14) that the person is eligible for the advance has been made to the Secretary by or on behalf of the person.

Note:          Subdivision B excludes certain persons from eligibility.

If person was employed for a partnership by partners

             (2)  If the person was employed for a partnership by 2 or more of the partners, paragraphs (1)(c), (d) and (e) apply as if each reference in those paragraphs to the employer were a reference to each of the partners who employed the person.



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