Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 28

Payment to eligible person or intermediary

             (1)  On behalf of the Commonwealth, the Secretary must pay an advance a person is eligible for in relation to his or her employment by an employer:

                     (a)  to the person; or

                     (b)  to the liquidator or bankruptcy trustee of the employer, for the liquidator or trustee to pass on to the person, subject to the liquidator or trustee withholding or deducting an amount as required by law; or

                     (c)  to another person (the payee ) for the payee to pass on to the person in accordance with a contract between the payee and the Commonwealth, subject to the payee withholding or deducting an amount as required by law.

Payment in instalments

             (2)  The Secretary may pay the advance in instalments if the Secretary is satisfied that doing so will result in the person receiving an instalment of the advance sooner than the person would have received the advance in full if the advance were not paid in instalments.

             (3)  The Minister may direct the Secretary:

                     (a)  to pay the advance that a specified person is eligible for in instalments of amounts, and at times, determined by the Secretary; or

                     (b)  to pay the advances that persons who were employed by a specified employer are eligible for in instalments of amounts, and at times, determined by the Secretary.

             (4)  The Secretary must comply with the direction.

             (5)  If the direction is made in writing, the direction is not a legislative instrument.



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