Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 14

Making an effective claim

  (1)   To be effective for the purposes of this Act , a claim that a person is eligible for an advance for the person ' s employment by an employer must :

  (a)   be in a form approved by the Secretary; and

  (b)   be accompanied by any documents required by the Secretary; and

  (c)   be made in accordance with subsection   ( 2), and with subsection   ( 3) if it applies.

  (2)   The claim must be made before the end of 12 months after the later of the following events:

  ( a )   an insolvency event happens to the employer;

  (b )   the person ' s emp loyment by the employer ends.

  (3)   However, i f the employer is or was a bankrupt, the claim must be or have been made before the discharge of the employer ' s bankruptcy.

  (4)   Despite subsection   ( 1), the claim is not effective for the purposes of this Act if it is made after a claim (the earlier claim ) was made for a payment, under the scheme known as the General Employee Entitlements and Redundancy Scheme, connected with the person's employment by the employer.

  (5)   Subsection   ( 4) does not apply if the earlier claim was rejected because an insolvency event had not happened to the employer before the commencement of this section.

Statutory declaration

  (6 )   A claim form approved by the Secretary may provide for verification by statutory declaration of statements in the claim.


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