Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 11

Exclusion for personal connection with employer

  (1)   A person is not eligible for an advance for the person ' s employment by an employer if:

  (a)   section   556 of the Corporations Act 2001 applies to the winding up of the employer; and

  (b)   the person is an excluded employee under that section in relation to the employer.

  (2)   A person is not eligible for an advance for the person ' s employment by an employer who is or was a bankrupt under the Bankruptcy Act 1966 if :

  (a)   the person is a relative (as defined in the Corporations Act 2001 ) of the employer; or

  (b)   the person was a spouse or   de   facto   partner (within the meaning of the Acts Interpretation Act 1901 ) of the employer at any time within the 12 months ending on the date of the bankruptcy (as defined in th e Bankruptcy Act 1966 ) of the employer .

  (3)   A person who was employed for a partnership by 2 or more of the partners is not eligible for an advance for that employment if the conditions in subsection   ( 1), or any of the conditions in subsection   ( 2), exist in relation to any of the partners who employed the person.

  (4)   This section has effect despite section   10 .


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback