Commonwealth Consolidated Acts

FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 34

  (1)   This section applies if :

  (a)   the Commonwealth pays someone (the payee ) an advance for a person ' s employment by an employer; and

  (b)   an amount (the later amount ) for an employment entitlement of the person for which an amount was included in the advance is later paid by someone (the later payer ) to the person or for the benefit of the person or in accordance with the person ' s directions; and

  (c)   the later payer is not :

  (i)   the Commonwealth; or

  (ii)   the liquidator or bankruptcy trustee of the employer; or

  (iii)   the payee.

  (2)   There is a debt due by the person to the Commonwealth of the lesser of the following (or either of them if they are equal):

  (a)   the later amount ;

  (b)   the difference between the advance and the sum of:

  (i)   the amounts paid to the Commonwealth in the winding up or bankruptcy of the employer because of Division   1; and

  (ii)   the debts (if any) created by previous operations of this section in relation to the person.

  (3)   A debt under this section may be recovered by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.