Document ID: chunk:federal_register_of_legislation:F2022L01529:clause:1_49
Version: federal_register_of_legislation:F2022L01529
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 11874–13545

49  Extended operation of this scheme in relation to specified persons in administration under the Corporations Act 2001

Making a declaration
 (1) The Minister may by legislative instrument declare that this scheme applies in relation to persons (former outworkers) who were TCF contract outworkers who did work directly (within the meaning of section 17A of the Fair Work Act 2009), but no longer do work, for a person identified in the declaration (the identified person) that is under administration under Part 5.3A of the Corporations Act 2001 (whether or not the identified person was under administration while any of the former outworkers did the work).
 (2) The Minister may make the declaration only if the Minister is satisfied that:
 (a) the identified person's creditors are expected to resolve at a meeting convened under section 439A of the Corporations Act 2001 that the identified person be wound up; and
 (b) if the declaration is made, it will be practicable to administer this scheme as it will apply because of the declaration in relation to the identified person.

Effect of declaration
 (3) While the declaration is in force, this scheme applies in relation to the former outworkers and the specified person as if:
 (a) the administrator of the identified person under Part 5.3A of the Corporations Act 2001 were a liquidator appointed when the administrator was appointed; and
 (b) paragraph 14(2)(a) of this scheme referred to the declaration being made (instead of an insolvency event happening to the identified person).

Revoking a declaration
 (4) The Minister may, by legislative instrument, revoke a declaration made under subsection (1).