Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen Secretary is required to revoke employer determination
(1) The Secretary must revoke an employer determination made for a person and the person's employer if the Secretary is satisfied of a matter referred to in column 1 of an item in the following table. The revocation comes into force on the day referred to in column 2 of that item:
Revocation of employer determination | ||
Item | Column 1 Matter of which Secretary must be satisfied | Column 2 Day revocation comes into force |
1 | A condition for making the employer determination was not satisfied when the determination was made. | The day of the revocation. |
2 | The employer has not given an acceptance notice for the person as required by a compliance notice given for a contravention of section 103. | The day of the revocation. |
2A | The person is receiving an income support payment. | The day of the revocation. |
4 | The person has ceased to be employed by the employer. | The day the person ceased to be employed by the employer. |
5 | ||
6 | The Fair Work Ombudsman has notified the Secretary that the employer has not complied with a compliance notice given for a contravention of section 70, 72 or 74 (which deal with unauthorised deductions and payment of instalments by an employer) that relates to the person. | The day of the revocation. |
(1A) The Secretary must revoke an employer determination made for a person and the person's employer in relation to a child of the person if the Secretary is satisfied that a decision (whether or not the decision is a payability determination) has been made that has the effect that parental leave pay is not payable to the person for one or more flexible PPL days for the child that fall within the person's continuous flexible period for the child that is mentioned in the employer notice relating to the employer determination.
(1C) The Secretary must revoke an employer determination made for a person and the person's employer in relation to a child of the person if the Secretary is satisfied that:
(b) a payability determination under section 13 or 14 that paid parental leave is payable to the person for one or more flexible PPL days for the child comes into force; and
(c) those flexible PPL days fall within the person's continuous flexible period for the child that is mentioned in the employer notice relating to the employer determination; and
(d) those flexible PPL days are not week days.
(1D) If the Secretary revokes an employer determination under subsection (1A) or (1C), the revocation comes into force on the day specified by the Secretary.
When Secretary may revoke employer determination
(2) The Secretary may revoke an employer determination made for a person and the person's employer if the Secretary is satisfied of any of the following:
(a) the employer is not a fit and proper person;
(b) the child in relation to whom parental leave pay is payable to the person is stillborn or has died;
(c) for any other reason, it is appropriate to revoke the employer determination.
(3) In determining whether the employer is not a fit and proper person for the purposes of paragraph (2)(a), the Secretary may take into account the matters referred to in paragraphs 101(5)(a) to (f).
(4) If the Secretary revokes the employer determination under subsection (2), the revocation comes into force on the day of the revocation.
Notice of revocation to person and employer
(5) If the Secretary revokes an employer determination for a person and the person's employer, the Secretary must give them a written notice advising them of that decision. The notice must contain any information prescribed by the PPL rules.
Notice of revocation to ART
(6) If, when the Secretary revokes an employer determination:
(a) an application has been made for ART review in relation to the employer determination; and
(b) the ART has not determined the review;
the Secretary must give written notice of the revocation to the ART Principal Registrar.