Document ID: chunk:federal_register_of_legislation:F2022C00026:reg:9:p2
Version: federal_register_of_legislation:F2022C00026
Segment Type: reg
Provision Reference: reg 9 (pt 2/3)
Character Range: 36934–39578

study (within the meaning of the Social Security Act 1991) on 1 July 2020; and
 (b) at the time the individual gives the entity the nomination notice:
 (i) the individual is not excluded under subsection (4) from being an eligible employee of the entity for the fortnight in which the time occurs; and
 (ii) if the individual is a long term casual employee of the entity—the individual is not also an employee (other than a casual employee) of another entity; and
 (c) either:
 (i) at the time the individual gives the entity the nomination notice, the individual has not given any other entity, or the Commissioner, a nomination notice under this subsection or subsection 12(4) or 12B(4); or
 (ii) the individual is permitted by subsection (3A) to give the nomination notice to the entity.
Note: If an overpayment results from an individual nominating with 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.

When an individual can re‑nominate with a new employer
 (3A) An individual who does not satisfy the requirement in subparagraph 9(3)(c)(i) is permitted by this subsection to give a nomination notice to an entity (the new entity) if:
 (a) the individual is a 1 March 2020 employee of, or the eligible business participant for, another entity (the old entity); but
 (b) the individual was not employed by the old entity or was not actively engaged in the business carried on by the old entity (as the case requires) at any time from the start of 1 July 2020 to the time of giving the notice to the new entity.
 (3B) If the individual gives the nomination notice to the new entity, the individual is excluded from being an eligible employee of, or the eligible business participant for, the old entity for any fortnight ending after giving the notice to the new entity.

Exclusions
 (4) An individual is excluded from being an eligible employee of an entity for a fortnight if:
 (a) parental leave pay is payable to the individual and the individual's PPL period overlaps with, or includes, the fortnight; or
 (b) at any time during the fortnight, the individual is paid dad and partner pay; or
 (c) all of the following apply:
 (i) the individual is totally incapacitated for work throughout the fortnight;
 (ii) an amount is payable to the individual under, or in accordance with, an Australian workers' compensation law in respect of the individual's total incapacity for work;
 (iii) the amount is payable in respect of a period that overlaps with, or includes, the fortnight; or
 (d) for an entity that is an