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FAIR WORK ACT 2009 - SECT 789GXB

10% decline in turnover test--prohibited conduct

  (1)   An employer must not purport to give a jobkeeper enabling direction under section   789GJA, 789GJB or 789GJC if, at the time when the direction was given:

  (a)   the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and

  (b)   the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (2)   An employer must not purport to give a request under subsection   789GJD(1) if, at the time when the request was given:

  (a)   the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and

  (b)   the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (3)   An employer must not give information to an eligible financial service provider if:

  (a)   the information is given in connection with the issue of a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to a particular time; and

  (b)   the information:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the information is misleading; and

  (c)   the employer knows that the information:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the information is misleading.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).


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