Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p76
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 76/110)
Character Range: 344838–347743

leave of absence;

       (h) subject to subsection (1C)—next, retrenchment payments payable to employees of the company.

  "(1A) The amount or total paid under paragraph (1)(e) to, or in respect of, an excluded employee of the company must be such that so much (if any) of it as is attributable to non-priority days does not exceed $2,000.

  "(1B) The amount or total paid under paragraph (1)(g) to, or in respect of, an excluded employee of the company must be such that so much (if any) of it as is attributable to non-priority days does not exceed $1,500.

  "(1C) A payment under paragraph (1)(h) to an excluded employee of the company must not include an amount attributable to non-priority days.";

(b) by inserting in subsection (2) the following definitions:

  " 'deferred expenses', in relation to a company, means expenses properly incurred by a relevant authority, in so far as they consist of:

      (a)     remuneration, or fees for services, payable to the relevant authority; or

      (b)     expenses incurred by the relevant authority in respect of the supply of services to the relevant authority by:

           (i) a partnership of which the relevant authority is a member; or

        (ii) an employee of the relevant authority; or

          (iii) a member or employee of such a partnership; or

         (c) expenses incurred by the relevant authority in respect of the supply to the relevant authority of services that it is reasonable to expect could have instead been supplied by:

          (i) the relevant authority; or

             (ii) a partnership of which the relevant authority is a member; or

          (iii) an employee of the relevant authority; or

          (iv) a member or employee of such a partnership;

     'non-priority day', in relation to an excluded employee of a company, means a day on which the employee was:

         (a)     if paragraph (a) of the definition of 'excluded employee' applies—a director of the company; or

         (b)     if paragraph (b) of that definition applies—a spouse of an employee of the kind referred to in paragraph (a) of that definition; or

         (c)     if paragraph (c) of that definition applies—a relative (other than a spouse) of an employee of the kind referred to in paragraph (a) of that definition;

     even if the day was more than 12 months before the relevant date;

     'official manager' includes a deputy official manager;

     'relevant authority', in relation to a company, means any of the following:

        (a)     in any case—a liquidator or provisional liquidator of the company;

        (b)     if the winding up began within 2 months after the end of a period of official management of the company—an official manager appointed for the purposes of the official management;

        (c)     in any case—an administrator of the company, even if the administration ended before the