Commonwealth Numbered Acts Commonwealth Numbered Acts(1) If the Secretary is required under this section to pay an instalment to a person, the Secretary must do so on the payday for the instalment.
Note: See section 96 for when the Secretary is taken to have complied with this requirement.
Employer determination never made
(2) The Secretary must pay an instalment that is payable to a person if the Secretary, in accordance with section 101, never made an employer determination for the person and the person's employer.
Employer determination reviewed
(3) The Secretary must pay an instalment that is payable to a person if:
(a) the person's employer has applied for review under Part 5‑1 or 5‑2, or to a court for judicial review, in relation to the employer determination made for the person and the employer; and
(b) the employer determination has not come into force before the 28th day after the start of the person's PPL period; and
(c) the instalment relates to an instalment period that:
(i) either includes the day referred to in paragraph (b) or is a later instalment period; and
(ii) starts before the day (the transfer day ) on which the employer determination comes into force (if at all).
Note 1: The Secretary must also pay the person instalments payable to the person for earlier instalment periods (see section 85).
Note 2: If the employer determination never comes into force, the Secretary will pay all instalments to the person.
Employer determination revoked
(4) The Secretary must pay an instalment that is payable to a person if:
(a) the Secretary revokes the employer determination for the person and the person's employer; and
(b) the instalment relates to an instalment period that starts on or after the day (the transfer day ) the revocation comes into force.
Note: See sections 85 and 86 for when the Secretary must also pay the person instalments payable to the person for earlier instalment periods.
Referral of matter to Fair Work Ombudsman relating to failure to pay instalment
(5) The Secretary must pay an instalment that is payable to a person if:
(a) the Secretary has referred a matter to the Fair Work Ombudsman relating to a contravention by the employer of section 70, 72 or 74 (which deal with unauthorised deductions and payment of instalments by an employer) in relation to the person; and
(b) the instalment relates to an instalment period that starts on or after the day (the transfer day ) after the last PPL day for which the Secretary has paid the employer a PPL funding amount for the person; and
(c) the Secretary is satisfied that it is appropriate to pay the instalment; and
(d) the Fair Work Ombudsman has not notified the Secretary, before the transfer day, that the employer has not complied with a compliance notice given for the contravention referred to in paragraph (a).
(6) If both subsections (4) and (5) apply in relation to a person, then only the subsection where the transfer day occurs first is taken to apply in relation to the person.