Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 49

Extended operation of this Act in relation to employers in administration under the Corporations Act 2001

Making a declaration

             (1)  The Minister may by legislative instrument declare that this Act applies in relation to persons who were employed, but are no longer employed, by a specified employer that is under administration under Part 5.3A of the Corporations Act 2001 (whether or not the employer was under administration while any of the persons were employed).

             (2)  The Minister may make the declaration only if he or she is satisfied that:

                     (a)  the employer's creditors are expected to resolve at a meeting convened under section 439A of the Corporations Act 2001 that the employer be wound up; and

                     (b)  if the declaration is made, it will be practicable to administer this Act as it will apply because of the declaration in relation to the employer.

Effect of declaration

             (3)  While the declaration is in force, this Act applies in relation to the persons and the employer as if:

                     (a)  the administrator of the employer under Part 5.3A of the Corporations Act 2001 were a liquidator appointed when the administrator was appointed; and

                     (b)  paragraph 14(2)(a) of this Act referred to the declaration being made (instead of an insolvency event happening to the employer).

Revoking a declaration

             (4)  The Minister may by legislative instrument revoke a declaration made under subsection (1).



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