Document ID: chunk:federal_register_of_legislation:C2020A00081:clause:2_789gxb
Version: federal_register_of_legislation:C2020A00081
Segment Type: clause
Provision Reference: sch 2 cl 789GXB
Character Range: 34454–36152

789GXB  10% decline in turnover test—prohibited conduct
 (1) An employer must not purport to give a jobkeeper enabling direction under section 789GJA, 789GJB or 789GJC if, at the time when the direction was given:
 (a) the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and
 (b) the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.
Note: This subsection is a civil remedy provision (see Part 4‑1).
 (2) An employer must not purport to give a request under subsection 789GJD(1) if, at the time when the request was given:
 (a) the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and
 (b) the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.
Note: This subsection is a civil remedy provision (see Part 4‑1).
 (3) An employer must not give information to an eligible financial service provider if:
 (a) the information is given in connection with the issue of a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to a particular time; and
 (b) the information:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information is misleading; and
 (c) the employer knows that the information:
 (i) is false or misleading; or
 (ii) omits any matter or thing without which the information is misleading.
Note: This subsection is a civil remedy provision (see Part 4‑1).