Document ID: chunk:federal_register_of_legislation:C2024C00582:section:101:p2
Version: federal_register_of_legislation:C2024C00582
Segment Type: section
Provision Reference: s 101 (pt 2/3)
Character Range: 170561–173167

(b) the employer determination is made on or before the day on which the payability determination referred to in paragraph (1)(a) is made.
Note: See section 106 for when the Secretary may, despite this subsection, make an employer determination for a person and the person's employer after the day referred to in paragraph (b).

When employer determination must not be made
 (3A) The Secretary must not make an employer determination for a person and the person's employer if the person is receiving an income support payment.

When Secretary may decide not to make employer determination
 (4) Despite subsection (1), the Secretary may decide not to make an employer determination for a person and the person's employer in relation to a child of the person if the Secretary is satisfied of all or any of the following:
 (a) the person's continuous flexible period for the child has ended;
 (b) the person is a special PPL claimant;
 (c) the child in relation to whom parental leave pay is payable to the person is stillborn or has died;
 (d) both of the following apply:
 (i) the person is a PPL claimant or special PPL claimant for parental leave pay for a child;
 (ii) another PPL claimant or special PPL claimant for parental leave pay for the same child owes a debt to the Commonwealth in relation to amounts paid to, or in relation to, that other PPL claimant or special PPL claimant by way of instalments for that child;
 (e) the employer is not a fit and proper person.

Matters relevant to whether employer is a fit and proper person
 (5) The Secretary may take into account the following matters in determining whether an employer is a fit and proper person:
 (a) whether the employer is insolvent;
 (b) whether the employer has, or is alleged to have, contravened a civil penalty provision of this Act;
 (c) whether a matter relating to a contravention of section 70 or Part 3‑2 (which deal with unauthorised deductions and payment of instalments by an employer) by the employer has been referred to the Fair Work Ombudsman under section 143;
 (d) subject to Part VIIC of the Crimes Act 1914, whether the employer has, or is alleged to have, contravened a provision of an industrial law (within the meaning of the Fair Work Act);
 (e) subject to Part VIIC of the Crimes Act 1914, whether the employer has been convicted of an offence against this Act, or a law of the Commonwealth, a State or a Territory that involves:
 (i) fraud or dishonesty; or
 (ii) the misapplication of money; or
 (iii) the management of the affairs of a body (whether or not incorporated);
 (ea) whether the employer has,