Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 3—Amendment of the Fair Entitlements Guarantee Act 2012

Schedule 3 Amendment of the Fair Entitlements Guarantee Act 2012

   

Fair Entitlements Guarantee Act 2012

1  Paragraph 10(1)(g)

Omit “or, under the Migration Act 1958 , the holder of a permanent visa or a special category visa”, substitute “or the holder (within the meaning of the Migration Act 1958 ) of a visa of a kind mentioned in subsection (3)”.

2  At the end of section 10

Add:

Visas

             (3)  For the purposes of paragraph (1)(g), the kinds of visa are the following:

                     (a)  a permanent visa (within the meaning of the Migration Act 1958 );

                     (b)  a special category visa (within the meaning of the Migration Act 1958 );

                     (c)  a visa referred to in the regulations under the Migration Act 1958 as a Subclass 491 (Skilled Work Regional (Provisional)) visa;

                     (d)  a visa referred to in the regulations under the Migration Act 1958 as a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

                     (e)  a visa of a kind determined in an instrument under subsection (4).

             (4)  The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (3)(e) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister ) that, in the opinion of the Immigration Minister:

                     (a)  a visa Subclass mentioned in paragraph (3)(c) or (d) has been or will be replaced by that kind of visa; and

                     (b)  the replacement kind of visa is intended to give the same benefits as the replaced visa Subclass.

3  Application provision

The amendment of paragraph 10(1)(g) of the Fair Entitlements Guarantee Act 2012 made by this Schedule applies in relation to the end of a person’s employment, whether the employment ends before or after the commencement of this item.