Document ID: chunk:federal_register_of_legislation:F2022C00026:reg:30:p2
Version: federal_register_of_legislation:F2022C00026
Segment Type: reg
Provision Reference: reg 30 (pt 2/3)
Character Range: 91529–93892

the entity a notice in the approved form stating that the individual satisfies the requirements in paragraph (1)(c), subsection (4) and paragraph (b) of this subsection; and
 (b) at the time the individual gives the entity the notice, the individual has not given any other entity a notice under this subsection (unless the notice given to the other entity has ceased to have effect under subsection (6)); and
 (c) the notice has not ceased to have effect under subsection (6).
Note: If an overpayment results from an individual giving a notice to more than one entity, the individual may be jointly and severally liable to pay the overpayment and any general interest charge on the overpayment: see section 11 of the Act.
 (6) If an individual gives a notice to an entity under subsection (5), the notice ceases to have effect if the individual ceases to be employed by the entity.
Note: This subsection means that, if the individual recommences employment with the entity, the individual will need to give the entity another notice under subsection (5).

Exclusions
 (7) An individual is excluded from being an eligible additional employee of an entity for a period if:
 (a) the individual is:
 (i) in the case of an entity that is a sole trader—a relative of the sole trader; or
 (ii) in the case of an entity that is a partnership—a partner in the partnership or a close associate of a partner in the partnership; or
 (iii) in the case of an entity that is a trust (other than a widely held unit trust)—a trustee or a beneficiary of the trust, or a close associate of a trustee or a beneficiary of the trust; or
 (iv) in the case of an entity that is a company (other than a widely‑held company)—a shareholder in or a director of the company, or a close associate of a shareholder in or a director of the company; or
 (b) the individual was, at any time in the period of 6 months ending on 6 October 2020, engaged other than as an employee to exercise powers, or to perform functions or duties, for the entity that are substantially similar to the powers exercised, or the functions or duties performed, by the individual as an employee of the entity; or
 (c) the individual commenced the employment with the entity referred to in paragraph (1)(a) 12 months or more before the first day of the period.
Note: See section 4AA for the meaning of close associate.