Commonwealth Consolidated Acts

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Exclusion for being newly employed after working as contractor

             (1)  A person is not eligible for an advance for the person's employment by an employer that has ended if the Secretary is satisfied that all the following apply:

                     (a)  the person started to be employed by the employer in the 6 months ending at the earlier of the following events:

                              (i)  the end of the employment;

                             (ii)  the appointment of an insolvency practitioner for the employer;

                     (b)  the person was engaged by the employer, but not as an employee of the employer, before the start of the employment;

                     (c)  it was reasonable to expect at the start of that employment that the employer would not be able to meet the employer's obligations under the terms and conditions of that employment for the actual duration and end of that employment.

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

             (3)  This section has effect despite section 10.

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