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FAIR ENTITLEMENTS GUARANTEE ACT 2012


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Simplified outline of this Act  
   5.      Definitions  
   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  


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