Document ID: chunk:federal_register_of_legislation:F2022L01529:clause:1_10
Version: federal_register_of_legislation:F2022L01529
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 7755–9730

10  Conditions of eligibility for advance

General conditions
 (1) A TCF contract outworker is eligible for an advance if the Secretary is satisfied of all of the following:
 (a) the TCF contract outworker has ceased to do work for the specified person;
 (b) at or after the repeal of the Fair Entitlements Guarantee Regulation 2012, an insolvency event happened to the specified person;
 (c) the TCF contract outworker is (or would, apart from the discharge of the bankruptcy of the specified person, be) owed one or more debts wholly or partly attributable to work done for the specified person in the capacity of an outworker;
 (d) before making a claim (see section 14) that the TCF contract outworker is eligible for the advance, the TCF contract outworker has taken steps, so far as reasonable, to prove those debts in the winding up or bankruptcy of the specified person;
 (e) before making a claim (see section 14) that the TCF contract outworker is eligible for the advance, if the TCF contract outworker was owed any of those debts before the insolvency event happened, the TCF contract outworker took reasonable steps before that event to be paid those debts;
 (f) when the TCF contract outworker ceased to do work for the specified person, the TCF contract outworker was an Australian citizen or, under the Migration Act 1958, the holder of a permanent visa or a special category visa;
 (g) an effective claim (see section 14) that the TCF contract outworker is eligible for the advance has been made to the Secretary by or on behalf of the TCF contract outworker.
Note: Subdivision B excludes certain persons from eligibility.

If TCF contract outworker did work for a partnership
 (2) If the TCF contract outworker did work for 2 or more of the partners of a partnership, paragraphs (1)(c) and (d) apply as if each reference in those paragraphs to the specified person were a reference to each of the partners for whom the TCF contract outworker did the work.