Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 31

Recovery in other circumstances

             (1)  When an advance is paid under section 28 for a person's employment by an employer, then, to the extent of the amount of the advance paid:

                     (a)  the employer's liability to the person is discharged; and

                     (b)  the rights the person had immediately before that discharge in relation to that liability in the winding up or bankruptcy of the employer become rights of the Commonwealth.

             (2)  So far as the advance is for a particular employment entitlement, the Commonwealth has the same priority as the person had for that entitlement.

             (3)  Subsections (1) and (2) do not apply to an amount of the advance that:

                     (a)  was paid to the liquidator or bankruptcy trustee of the employer; and

                     (b)  is, because of section 29 or 30 of this Act, taken for the purposes of section 560 of the Corporations Act 2001 or subsections 109(2) and (3) of the Bankruptcy Act 1966 to have been advanced.



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