Document ID: chunk:federal_register_of_legislation:C2013C00567:clause:2_2
Version: federal_register_of_legislation:C2013C00567
Segment Type: clause
Provision Reference: sch 2 cl 2
Character Range: 53053–55268

2  Employer determination made where expected date of birth is on or after 1 July 2011 but child born before that date
(1) This item applies if:
 (a) the Secretary makes an employer determination for an employer and a person under the Paid Parental Leave Act 2010; and
 (b) the person's claim is made before the day the child is born; and
 (c) the expected date of birth of the child is on or after 1 July 2011; and
 (d) the child is born before 1 July 2011; and
 (e) the person's employer has not made an election under section 109 of that Act that applies to the person.
(2) If, after the employer determination is made, the Secretary makes a payability determination that parental leave pay is payable to the person for the child, the notice given to the employer under section 113 of that Act must:
 (a) state the day the child was born; and
 (b) be dated as at the date the preparation of the notice was completed; and
 (c) contain a statement to the effect that the employer determination will be revoked, unless the employer:
 (i) agrees to being required to pay instalments to the person, even though the child was born before 1 July 2011; and
 (ii) gives the Secretary a written notice indicating that agreement within 14 days of the date referred to in paragraph (b).
(3) If the employer does not give the notice referred to in subparagraph (2)(c)(ii) to the Secretary within that 14 day period, the following paragraphs have effect:
 (a) the Secretary must revoke the employer determination;
 (b) the revocation comes into force on the day of the revocation;
 (c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation;
 (d) section 103 of that Act (which deals with responding to a notice of an employer determination) is taken to have never applied in relation to the employer determination.
(4) The following provisions of that Act apply in relation to this item as if it were a provision of that Act:
 (a) section 275 (which deals with how that Act applies to an adopted child);
 (b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).

Part 2—Other transitional provisions