Commonwealth Consolidated Acts

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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 employment by the employer ends.

             (3)  However, if 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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