Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 19

Working out amounts for employment entitlements

  (1)   Work out the amount for each of a person ' s employment entitlements to be taken into account under section   16 by:

  (a)   working out the basic amount for the entitlement under Subdivisions B and C; and

  (b)   reducing the basic amount (but not below nil) by the sum of the amounts described in subsections   ( 2) and (3) for the entitlement.

  (2)   One amount of the reduction of the basic amount for a particular employment entitlement of a person for his or her employment by an employer is the total of amounts that:

  (a)   are attributable to the entitlement; and

  (b )   have been paid by anyone:

  (i)   to the person ; or

  (ii)   to someone else for the person ' s benefit or in accordance with the person ' s direction ; and

  (c )   are not costs of the winding u p or bankruptcy of the employer.

  (3)   The other amount of the reduction of the basic amount for a particular employment entitlement of a person for his or her employment by an employer is the total of amounts that:

  (a)   are attributable to the entitlement; and

  (b )   are payable (and have not been paid) by anyone :

  (i)   to the person; or

  (ii)   to someone else for the person ' s benefit or in accordance with the person ' s direction; and

  ( c )   are not payable :

  (i)   under the Corporations Act 2001 in the winding up of the person ' s employer ; or

  (ii)   under the Bankruptcy Act 1966 from the proceeds of the property of the bankrupt employer of the person; or

  (iii)   u nder this Act.


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