Document ID: chunk:federal_register_of_legislation:C2013C00567:clause:2_1:p1
Version: federal_register_of_legislation:C2013C00567
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 1/2)
Character Range: 48395–50985

1  Employer determination made where expected or actual date of birth is before 1 July 2011
(1) The Paid Parental Leave Act 2010 applies, with the modifications set out in this item, in relation to a person who has made a claim for parental leave pay for a child, if:
 (a) for a claim made before the day the child is born—the expected date of birth of the child is before 1 July 2011; or
 (b) for a claim made after the child is born—the day the child is born is before 1 July 2011.
Note: For a claim made before the day the child is born, see subitem (9) if the expected date of birth of the child is before 1 July 2011, but the child is born on or after that date.
(2) Section 101 of that Act (and the other provisions of that Act so far as they relate to that section) applies in relation to the person as if subsections (1) and (2) of that section were omitted and the following subsection substituted:
 (1) The Secretary must make a determination under this section (the employer determination) that a person's employer is to pay the person instalments if the Secretary is satisfied, when making the determination, that:
 (a) a payability determination that parental leave pay is payable to the person, or an initial eligibility determination for the person, is in force; and
 (b) the employer has made an election under section 109 that applies to the person; and
 (c) the person has consented in the claim to the employer paying instalments to the person; and
 (d) the person is likely to be an Australian‑based employee of the employer during whichever of the following periods applies:
 (i) if the Secretary has made a payability determination that parental leave pay is payable to the person—the person's PPL period;
 (ii) otherwise—the period of days for which instalments are likely, if the determination is made, to be payable to the person by the employer; and
 (e) the employer has an ABN; and
 (f) if paragraphs (b) to (e) are satisfied in relation to more than one employer of the person—the person nominated the employer in the claim as the employer who would be required to pay instalments to the person.
(3) For the purposes of this item, an employer determination made under subsection 101(1), as that subsection applies because of subitem (2) of this item, is a transitional employer determination.
(4) The following provisions of that Act do not apply in relation to a transitional employer determination:
 (a) section 103 (which deals with responding to a notice of an employer determination);
 (b) subsection 107(2) (which deals with when an employer determination