Paid Parental Leave Act 2010 (Cth)

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Paid Parental Leave Act 2010

No. 104, 2010

Compilation No. 45

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Paid Parental Leave Act 2010 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide for a paid parental leave scheme, and for related purposes

Chapter 1IntroductionPart 1‑1IntroductionDivision 1Preliminary1Short title

This Act may be cited as the Paid Parental Leave Act 2010.

2Commencement

This Act commences on 1 October 2010.

3Act binds Crown
  1. (1)

    This Act binds the Crown in each of its capacities.

  2. (2)

    However, this Act does not make the Crown liable to be prosecuted for an offence.

3AANorfolk Island

This Act extends to Norfolk Island.

Division 1AObjects of this Act3AObjects of this Act
  1. (1)

    This Act establishes a paid parental leave scheme for the payment of parental leave pay and paid parental leave superannuation contributions.

  2. (2)

    The objects of the paid parental leave scheme are to:

    1. (a)

      signal that taking time out of the paid workforce to care for a child is part of the usual course of life and work for both parents; and

    2. (b)

      promote equality between men and women and balance between work and family life; and

    3. (c)

      provide financial support to parents caring for children, in order to:

      1. (i)

        allow those parents to take time off work to care for the child after the child’s birth or adoption; and

      2. (ii)

        enhance the health and development of birth mothers and children; and

      3. (iii)

        encourage women to continue to participate in the workforce; and

      4. (iv)

        provide those parents with flexibility to balance work and family life; and

      5. (v)

        increase the time that fathers and partners take off work around the time of birth or adoption; and

      6. (vi)

        create further opportunities for fathers and partners to bond with their child; and

      7. (vii)

        allow fathers and partners to take a greater share of caring responsibilities and to support mothers and partners from the beginning; and

      8. (viii)

        reduce the long term financial impact of taking time off work to care for the child by adding to the superannuation balances of those parents.

  3. (3)

    The financial support provided by this Act is intended to complement and supplement existing entitlements to paid or unpaid leave in connection with the birth or adoption of a child.

Division 2Guide to this Act4Guide to this Act

Overview

This Act provides for the payment of parental leave pay following the birth of a child or, for adoption, the placement of a child.

Parental leave pay is payable to a person for a child for a flexible PPL day for the child. The number of flexible PPL days for the child for which parental leave pay can be paid is limited.

Parental leave pay is paid in instalments at the daily national minimum wage amount for a day that is a flexible PPL day for the child and for which parental leave pay is payable to the person.

Parental leave pay is paid by either the person’s employer (if it is for at least 40 consecutive flexible PPL days for a child that are week days) or the Secretary.

Chapter 2—When parental leave pay is payable to a person

Chapter 2 sets out when parental leave pay is payable to a person. The key provisions for the Chapter are found in Part 2‑1.

A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination.

The Secretary cannot make that determination if the person is not eligible for parental leave pay. Part 2‑3 has the rules about eligibility.

The Secretary also cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims.

There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made.

Chapter 3—Payment of parental leave pay

Chapter 3 sets out how parental leave pay is paid to a person.

Part 3‑1 is about instalments of parental leave pay. It deals with when instalments must be paid, whether the person’s employer or the Secretary must pay them and the amount of the instalments.

Part 3‑2 sets out when a person’s employer must pay instalments to the person. An employer is required to pay an instalment to a person in relation to a child if:

  1. (a)

    an employer determination has come into force for the employer and the person; and

  2. (b)

    the instalment is payable in relation to a flexible PPL day for the child that falls within the person’s continuous flexible period for the child (which consists of at least 40 consecutive flexible PPL days for the child that are week days); and

  3. (c)

    the employer has been paid enough by the Secretary to fund the instalment.

Part 3‑3 sets out when the Secretary must pay instalments directly to the person. For instance, the Secretary is required to do that if an employer determination is never made for the person (e.g. the person is a contractor and so does not have an employer). There are some other circumstances in which the Secretary is also required to pay instalments directly to the person (such as when an employer determination is being reviewed or has been revoked).

Part 3‑4 has general rules about the payment of instalments (such as what happens when an instalment cannot be paid on the day specified in this Act).

Part 3‑5 is about employer determinations. If an employer determination is in force for an employer and a person, the employer must pay instalments to the person. The Secretary must be satisfied that certain conditions have been met before the Secretary can make an employer determination.

Chapter 3A—PPL superannuation contributions

A PPL superannuation contribution is payable for a person for an income year if one or more PPL funding amounts or instalments relating to the person are paid by the Secretary in the income year.

The amount of a PPL superannuation contribution is calculated on the basis of the SG charge percentage for the income year and is generally paid by the Commissioner of Taxation in the subsequent income year to a complying superannuation fund for the person.

The Commissioner of Taxation has the general administration of Chapter 3A.

Chapter 4—Compliance and enforcement

Chapter 4 deals with compliance and enforcement.

Part 4‑1 allows the Secretary to gather information for the purposes of checking compliance with this Act. It also deals with the confidentiality of personal and protected information.

Part 4‑2 deals with other compliance matters. It allows the Secretary to refer matters to the Fair Work Ombudsman for investigation if the Secretary has reason to believe that an employer has not complied with certain obligations under this Act. It also deals with civil penalty provisions, compliance notices and infringement notices.

Part 4‑3 provides for debts in relation to the paid parental leave scheme, and for the recovery of debts owing to the Commonwealth.

Chapter 5—Administrative review of decisions

Chapter 5 is about administrative review of decisions made under this Act.

Part 5‑1 allows the Secretary, on the Secretary’s own initiative, to conduct an internal review of decisions made under this Act. It also allows a person whose interests are affected by certain types of decisions to seek internal review of those decisions, and an employer to seek internal review of certain types of decisions that affect employers.

Part 5‑2 allows a person to apply to the Administrative Review Tribunal (ART) for review of certain decisions made under this Act. This review is called ART review.

If a decision has been reviewed by the ART, in some circumstances the ART Act allows a person to apply to refer the matter to the ART as constituted by the guidance and appeals panel for further review.

In other circumstances, application may be made for review (a “second review”) of the decision by the ART on ART review. Applications for second review are made under the ART Act.

Part 5‑4 has miscellaneous provisions relating to reviews of decisions made under this Act.

Chapter 6—Miscellaneous

Chapter 6 has miscellaneous provisions.

Part 6‑1 has rules that modify this Act so that it applies correctly in 3 limited kinds of cases—adoption, claims made in exceptional circumstances etc. and Commonwealth employment.

Part 6‑2 is about payment nominees (who are people who can receive payments of instalments of parental leave pay on behalf of other people for the purposes of this Act) and correspondence nominees (who are people who can receive notices on behalf of other people for the purposes of this Act).

Part 6‑3 deals with other miscellaneous matters, such as the PPL rules, delegations and regulations.

Part 1‑2DefinitionsDivision 1Guide to this Part5Guide to this Part

This Part is about the terms that are defined in this Act.

Division 2 has the Dictionary (see section 6). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.

Division 2The Dictionary6The Dictionary

In this Act:

ABN (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

acceptance notice: see section 103.

ADI (short for authorised deposit‑taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959.

adjusted taxable income: see section 38.

ART means the Administrative Review Tribunal.

ART Act means the Administrative Review Tribunal Act 2024.

ART Principal Registrar means the Chief Executive Officer and Principal Registrar of the ART.

ART review:

  1. (a)

    in relation to an ART reviewable claimant decision—see section 216; and

  2. (b)

    in relation to an ART reviewable employer decision—see section 224.

ART reviewable claimant decision: see subsection 215(3).

ART reviewable employer decision: see subsection 223(2).

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Note: In Division 7A of Part 4‑3 (about departure prohibition orders), Australia has an extended meaning.

Australian‑based employee means an employee:

  1. (a)

    whose primary place of work is in Australia; or

  2. (b)

    who is employed by an Australian government employer.

Australian government employer means:

  1. (a)

    the Commonwealth; or

  2. (b)

    a State; or

  3. (c)

    a Territory; or

  4. (d)

    a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or

  5. (e)

    a body corporate:

    1. (i)

      incorporated under a law of the Commonwealth, a State or a Territory; and

    2. (ii)

      in which the Commonwealth, a State or a Territory, has a controlling interest.

Australian residency test: see sections 45 and 46.

Australian resident has the same meaning as in the Social Security Act.

Australian travel document has the same meaning as in the Australian Passports Act 2005.

authorised party, in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in relation to the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.

authorised review officer means an officer authorised under section 271 to be an authorised review officer for the purposes of this Act.

bank account includes an account held with an ADI.

bank account information: see subsection 104(2).

base contribution: see subsection 115C(2).

base interest rate for a day has the same meaning as in section 8AAD of the Taxation Administration Act 1953.

birth verification form: see subsection 18(4).

born prematurely: a child is born prematurely if, at the time of the child’s delivery, the child’s period of gestation is less than 37 weeks.

business includes any profession, trade, employment, vocation or calling, but does not include occupation as an employee.

caring: see section 47.

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

claim means a PPL claim or special PPL claim for parental leave pay for a child.

claimant means a person who is a PPL claimant or special PPL claimant.

claimant decision: see section 206.

claimant’s work cessation day: see paragraph 33(2A)(c).

Commissioner means the Commissioner of Taxation.

Commonwealth agency means any of the following:

  1. (a)

    a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013;

  2. (b)

    any other unincorporated body established for a public purpose by or under a law of the Commonwealth.

compliance notice: see subsection 157(3).

complying superannuation fund has the same meaning as in the Income Tax Assessment Act 1997.

conditional eligibility determination means a determination of a kind mentioned in paragraph 13(6)(b) or 14(4)(b).

constitutionally protected fund has the same meaning as in the Income Tax Assessment Act 1997.

continuous flexible period: see section 71A.

controls an entity: see subsection 35(4).

correspondence nominee means a person who is appointed as a correspondence nominee under section 281.

COVID‑19 affected claimant: a person is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child if:

  1. (a)

    either:

    1. (i)

      the child is or was born between 22 March 2020 and 31 March 2021; or

    2. (ii)

      if the claim is made before the child’s birth—the child’s expected date of birth is during that period; and

  2. (b)

    the person must satisfy the work test to be eligible for parental leave pay; and

  3. (c)

    the Secretary is satisfied that any of the following circumstances apply in relation to the person:

    1. (i)

      the person became unemployed as a result of the adverse effects of the coronavirus known as COVID‑19;

    2. (ii)

      the person’s working hours were reduced (including to zero) as a result of the adverse effects of the coronavirus known as COVID‑19;

    3. (iii)

      a business that the person, or an entity that is controlled by the person, carries on for profit and for which the person performs work was suspended, or suffered a reduction in turnover, as a result of the adverse effects of the coronavirus known as COVID‑19; and

  4. (d)

    as a result of that circumstance applying in relation to the person, the person would not satisfy the work test if the person’s work test period were the period under section 33.

COVID‑19 Australian Government payment: see subsection 34(6).

COVID‑19 Australian Government payment period: see subsection 34(5).

credit to an RSA that is a policy (within the meaning of the Life Insurance Act 1995) means pay as a premium in relation to the policy.

daily national minimum wage amount: see subsection 65(2).

debt payment arrangement: see section 190.

decision has the same meaning as in the ART Act.

defence force member means a member of the Australian Defence Force.

departure authorisation certificate means a certificate under Subdivision D of Division 7A of Part 4‑3.

departure prohibition order means an order under Subdivision A of Division 7A of Part 4‑3 (including such an order varied under Subdivision C of that Division).

effective claim means a claim that is made in accordance with Part 2‑4.

eligible for parental leave pay: see section 31AA.

employee has its ordinary meaning and:

  1. (a)

    includes a reference to a person who is usually such an employee; and

  2. (b)

    does not include a person on a vocational placement.

employer has its ordinary meaning and includes a reference to a person who is usually such an employer.

employer determination: see section 101.

employer determination decision: see section 207.

employer funding amount decision: see section 208.

employer notice means the later of any one or more of the following notices given to an employer:

  1. (a)

    a notice under section 102;

  2. (b)

    a notice under section 113;

  3. (c)

    a notice under section 114.

engage in conduct means:

  1. (a)

    do an act; or

  2. (b)

    omit to perform an act.

entity means any of the following:

  1. (a)

    a natural person;

  2. (b)

    a body corporate;

  3. (c)

    a body politic;

  4. (d)

    a partnership;

  5. (e)

    any other unincorporated association or body of persons;

  6. (f)

    a trust.

exceptional circumstances: a claim is made in exceptional circumstances if it is made by a person who satisfies:

  1. (a)

    paragraph 54(1)(g) (which deals with PPL claims); or

  2. (b)

    paragraph 54(2)(b) (which deals with special PPL claims).

Fair Work Act means the Fair Work Act 2009.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.

family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.

family PPL income limit: see subsection 41(2).

farm household allowance has the same meaning as in the Farm Household Support Act 2014.

Federal Court means the Federal Court of Australia.

financial institution means:

  1. (a)

    an ADI; or

  2. (b)

    the Reserve Bank of Australia; or

  3. (c)

    a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.

flexible PPL day: see subsection 11D(1).

Foreign Affairs Minister means the Minister administering the Australian Passports Act 2005.

garnishee, in relation to a garnishee notice: see section 184.

garnishee notice: see section 184.

general interest charge means the charge worked out under Part IIA of the Taxation Administration Act 1953.

guidance and appeals panel has the same meaning as in the ART Act.

guidance and appeals panel application has the same meaning as in the ART Act.

guidance and appeals panel proceeding has the same meaning as in the ART Act.

has not previously satisfied the work and income tests: a person has not previously satisfied the work and income tests in relation to a child if both of the following apply:

  1. (a)

    no payability determination is in force that parental leave pay is payable to the person in relation to the child;

(b) no conditional eligibility determination is in force that relates to the person and child.

holder, of a visa, has the same meaning as in the Migration Act 1958.

Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979.

Human Services Department means Services Australia.

Human Services Secretary means the Chief Executive Officer of Services Australia.

income support payment has the same meaning as in section 23 of the Social Security Act.

income test: see section 37.

income year has the same meaning as in the Income Tax Assessment Act 1997.

indexation day: see subsection 42(1).

indexation factor: see subsection 43(1).

indexed amount: see subsection 42(3).

individual PPL income limit: see subsection 41(1).

initial eligibility determination: see section 26A.

insolvent: a person is insolvent if:

  1. (a)

    for a natural person—the person is an insolvent under administration; and

  2. (b)

    for a person that is or was a body corporate:

    1. (i)

      the person is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001) or an entity with a similar status under a law of a foreign country; or

    2. (ii)

      a provisional liquidator has been appointed in relation to the person under section 472 of the Corporations Act 2001; or

    3. (iii)

      a person with a similar status to a provisional liquidator has been appointed in relation to the person under a law of a foreign country.

instalment means an instalment of parental leave pay.

instalment period for a person: see section 64.

interest charge rate: see section 177.

jobkeeper payment: see subsection 34(4).

jobkeeper payment period: see subsection 34(3).

law enforcement officer means:

  1. (a)

    a member of a police force or police service of the Commonwealth, a State or a Territory; or

  2. (b)

    a person appointed to a position for the purposes of being trained as a member of a police force or police service of the Commonwealth, a State or a Territory; or

  3. (c)

    a person who has the powers and duties of a member of a police force or police service of the Commonwealth, a State or a Territory;

and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.

legal personal representative of a person who has died means an executor or administrator of the person’s estate.

minimum amount for a PPL funding amount: see subsection 76(2).

national minimum wage order has the same meaning as in the Fair Work Act.

nominal interest rate amount: see subsection 115C(5).

nominee means a correspondence nominee or a payment nominee.

officer means a person performing duties, or exercising powers or functions, under or in relation to this Act.

original debt: see section 184.

original debtor: see section 184.

paid enough to fund an instalment: see section 73.

paid work: see section 35.

parent:

  1. (a)

    when used in relation to a child who has been adopted—means an adoptive parent of the child; and

  2. (b)

    when used in relation to a child born because of the carrying out of an artificial conception procedure—means a person who is a parent of the child under section 60H of the Family Law Act 1975; and

  3. (c)

    when used in relation to a child born because of a surrogacy arrangement—includes a person who is a parent of the child under section 60HB of the Family Law Act 1975.

parental leave pay means payments of parental leave pay under this Act.

partner has the same meaning as in the Social Security Act.

payability determination means a determination made under section 13 or 14 that parental leave pay is, or is not, payable to a person for a child.

pay cycle information: see subsection 104(3).

payday for an instalment: see section 64.

payment date means:

  1. (a)

    for a PPL superannuation contribution—the date worked out in accordance with the PPL rules made for the purposes of section 115H; or

  2. (b)

    for an underpaid amount of a PPL superannuation contribution—the date worked out in accordance with the PPL rules made for the purposes of section 115M.

payment nominee means a person who is appointed as a payment nominee under section 280.

payroll cut‑off for an instalment that is payable to a person means the last day on which the person’s employer can reasonably make changes to the instalment to be paid to, or in relation to, the person on the person’s payday for the instalment.

permanent visa has the same meaning as in the Migration Act 1958.

permissible break: see subsection 36(1).

PPL is short for paid parental leave.

PPL agency means:

  1. (a)

    the Department; or

  2. (b)

    the Human Services Department.

PPL agency representative means:

  1. (a)

    for the Department—the Secretary; or

  2. (b)

    for the Human Services Department—the Chief Executive Centrelink or the Chief Executive Medicare.

PPL claim: see subsection 53(2).

PPL claimant means a person who has made an effective PPL claim for parental leave pay for a child.

PPL funding amount: see subsection 75(1).

PPL requirement: see subsection 287(6).

PPL rules (short for Paid Parental Leave Rules) means the rules made by the Minister under section 298.

PPL superannuation contribution (short for Paid Parental Leave superannuation contribution) means a PPL superannuation contribution payable under section 115B.

principal in relation to a nominee, means the person in relation to whom the nominee was appointed.

protected information means:

  1. (aa)

    information about a person that is or was held in the records of the Department; or

  2. (ab)

    information about a person that is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or

  3. (a)

    information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1 July 2011); or

  4. (b)

    information about a person obtained by an officer under this Act that was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1 July 2011); or

  5. (c)

    information to the effect that there is no information about a person held in the records of a PPL agency.

provider of an RSA has the same meaning as in the Retirement Savings Accounts Act 1997.

provisional indexed amount: see section 42.

qualifying period: see section 32.

qualifying work: see section 34.

reference income year: see section 39.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant family PPL income limit: see subsection 40(2).

relevant individual PPL income limit: see subsection 40(1).

resides in Australia has the same meaning as in the Social Security Act.

RSA has the same meaning as in the Retirement Savings Accounts Act 1997.

saved amount: see subsection 97(2).

Secretary means the Secretary of the Department.

security notice means a notice under section 278C.

SG charge percentage: see subsection 115C(4).

Social Security Act means the Social Security Act 1991.

social security benefit has the same meaning as in the Social Security Act.

social security law has the same meaning as in the Social Security Act.

social security pension has the same meaning as in the Social Security Act.

special category visa has the same meaning as in the Migration Act 1958.

special PPL claim: see subsection 53(3).

special PPL claimant means a person who has made an effective special PPL claim for parental leave pay for a child for which another person has made a PPL claim.

stillborn, in relation to a child, means a child:

  1. (a)

    who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and

  2. (b)

    who has not breathed since delivery; and

  3. (c)

    whose heart has not beaten since delivery.

subject to review: an employer determination is subject to review until:

  1. (a)

    any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the determination have expired; and

  2. (b)

    if there is such a review or appeal of or in relation to the determination—the review or appeal (and any later reviews or appeals) have been finally disposed of.

Superannuation Holding Accounts Special Account means the Superannuation Holding Accounts Special Account continued in existence by section 8 of the Small Superannuation Accounts Act 1995.

superannuation provider means:

  1. (a)

    the trustee of a complying superannuation fund; or

  2. (b)

    the provider of an RSA; or

  3. (c)

    the trustee of a constitutionally protected fund.

taxation officer means a person who is a taxation officer within the meaning of subsection 355‑30(2) in Schedule 1 to the Taxation Administration Act 1953.

tax file number has the same meaning as in section 202A of the Income Tax Assessment Act 1936.

tax file number statement: see subsection 59(1).

this Act includes the PPL rules and the regulations.

transfer day: see subsections 84(3), (4) and (5).

trustee of a superannuation fund, or constitutionally protected fund, means:

  1. (a)

    if there is a trustee (within the ordinary meaning of that expression) of the fund—the trustee; or

  2. (b)

    otherwise—the person who manages the fund.

underpaid amount of a PPL superannuation contribution has the meaning given by subsection 115K(2).

verifies a child’s birth: see section 18.

veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

vocational placement means a placement that is:

  1. (a)

    undertaken with an employer for which a person is not entitled to be paid any remuneration; and

  2. (b)

    undertaken as a requirement of an education or training course; and

  3. (c)

    authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory.

week day means a day that is not a Saturday or a Sunday.

working day means a day that is not a Saturday, a Sunday or a public holiday.

work test: see Division 3 of Part 2‑3.

work test period: see sections 33 and 33A.

Chapter 2When parental leave pay is payable to a personPart 2‑1Key provisionsDivision 1Guide to this Part7Guide to this Part

This Part has the key provisions for this Chapter (which deals with when parental leave pay is payable to a person).

A person can only be paid parental leave pay if the Secretary makes a determination that parental leave pay is payable to the person. Part 2‑2 has the rules about when the Secretary can make that determination.

The Secretary cannot make that determination if the person has not made a claim for parental leave pay. Part 2‑4 has the rules about claims. There are 2 types of claims: PPL claims and special PPL claims. These claims relate to each other, although PPL claims are the main type of claim. PPL claims will often be the only claims that are made.

If the Secretary makes a determination that parental leave pay is payable to a person for one or more flexible PPL days for a child of the person, parental leave pay is payable for the particular days specified in the determination. The number of flexible PPL days for the child for which parental leave pay can be paid is limited.

The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days.

The person’s employer or the Secretary will pay instalments of parental leave pay that are payable to a person (see Chapter 3 for the rules about the payment of parental leave pay).

Division 3When parental leave pay for a flexible PPL day for a child is payable to a person11AA determination must be made for parental leave pay for a flexible PPL day for a child to be payable to a person

Parental leave pay is payable to a person for a flexible PPL day for a child if a determination of the Secretary that parental leave pay is payable to the person for that day is in force under section 13 or 14.

Note: See Division 2 of Part 2‑2 for the rules about when the Secretary can make such a determination.

11BFor a determination to be made, the person must be eligible

The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person was or will be eligible for parental leave pay on that day.

Note: See Part 2‑3 for the rules about when a person is eligible for parental leave pay on a flexible PPL day for a child.

11CFor a determination to be made, the person must claim

The Secretary cannot make a determination under section 13 or 14 that parental leave pay is payable to a person for a flexible PPL day for a child unless the person has made:

  1. (a)

    an effective PPL claim for parental leave pay for that day (in which case the person is a PPL claimant); or

  2. (b)

    an effective special PPL claim for parental leave pay for that day (in which case the person is a special PPL claimant).

    Note: See Part 2‑4 for the rules about how to make an effective claim.

11DFlexible PPL day

A day is a flexible PPL day for a child if the day occurs in the period that:

  1. (a)

    starts on the day the child is born; and

  2. (b)

    ends on the day before the child’s second birthday.

Part 2‑2Determinations about whether parental leave pay is payable to a personDivision 1Guide to this Part12Guide to this Part

This Part is about the Secretary making determinations about whether parental leave pay is payable to a person. These determinations are payability determinations. A person cannot be paid parental leave pay unless there is a payability determination that parental leave pay is payable to the person.

Division 2 has the rules that apply to the Secretary when making a payability determination in relation to whether parental leave pay is payable to a person for a flexible PPL day for a child. Different rules apply depending on whether the claim is a PPL claim or a special PPL claim. The Secretary may only make a determination that parental leave pay is payable to certain PPL claimants and special PPL claimants for one or more flexible PPL days if permission has been given to claim those days.

Division 3 has restrictions that apply in particular circumstances to prevent the Secretary from making a payability determination that parental leave pay is payable to a person (for example, where the child’s birth has not been verified or where the limit on the number of flexible PPL days for which parental leave pay is payable to more than one person has been exceeded).

Division 4 has general rules that apply to payability determinations (for example, if the Secretary makes a determination, the Secretary must give a notice of it to the claimant).

Division 5 deals with initial eligibility determinations. These determinations can be made by the Secretary before the Secretary makes a payability determination. The Secretary can make an initial eligibility determination if the Secretary is satisfied that the person satisfies, or will satisfy, particular eligibility criteria. If the Secretary makes a determination, the Secretary must give a notice of it to the claimant.

Division 2Determination about whether parental leave pay for a flexible PPL day is payable to a person13Determination on a PPL claim

When a claim is to be determined under this section

  1. (1)

    If:

    1. (a)

      a PPL claimant has made an effective PPL claim for parental leave pay for a child; and

    2. (b)

      one or more flexible PPL days for the child (the claimed days) have been specified in the claim;

the Secretary must make a determination on the PPL claim under this section.

When parental leave pay is payable to the PPL claimant for one or more claimed days

  1. (2)

    The Secretary must determine that parental leave pay is payable to the PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:

    1. (a)

      the PPL claimant was or will be eligible for parental leave pay on those days; and

    2. (b)

      if:

      1. (i)

        the PPL claimant is a person covered by subsection (3); and

      2. (ii)

        the child’s birth mother has not previously satisfied the work test in relation to the child;

    the child’s birth mother satisfies the work test on the day the determination is made; and

    1. (c)

      if:

      1. (i)

        the PPL claimant is the partner of an adoptive parent of the child; and

      2. (ii)

        an adoptive parent of the child has not previously satisfied the work test in relation to the child;

    the person who gave the PPL claimant the permission referred to in subparagraph (e)(i) satisfies the work test on the day the determination is made; and

    1. (d)

      if the PPL claimant is a person covered by subsection (3) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant:

      1. (i)

        a permission has been given to the PPL claimant under paragraph 15(1)(a) in relation to the child; and

      2. (ii)

        the permission has not been revoked; and

      3. (iii)

        if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission; and

    2. (e)

      if the PPL claimant is a person covered by subsection (4) and the circumstances prescribed by the rules for the purposes of this paragraph do not apply to the PPL claimant:

      1. (i)

        a permission has been given to the PPL claimant under paragraph 15(1)(b) or (c) in relation to the child; and

      2. (ii)

        the permission has not been revoked; and

      3. (iii)

        if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission.

      Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.

  2. (3)

    The following persons are covered by this subsection:

    1. (a)

      a person who:

      1. (i)

        is a parent (other than an adoptive parent) of the child; and

      2. (ii)

        is not the child’s birth mother;

    2. (b)

      the partner of the child’s birth mother;

    3. (c)

      the partner of a person covered by paragraph (a).

  3. (4)

    The following persons are covered by this subsection:

    1. (a)

      an adoptive parent of the child, if a payability determination under this section that parental leave pay for the child is payable is in force in relation to another adoptive parent of the child;

    2. (b)

      the partner of an adoptive parent of the child.

  4. (5)

    The Secretary must specify in a determination made under subsection (2) the claimed days for which parental leave pay is payable to the PPL claimant.

When parental leave pay is not payable to the PPL claimant for one or more claimed days

  1. (6)

    If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must:

    1. (a)

      determine that parental leave pay is not payable to the PPL claimant for those days; and

    2. (b)

      if:

      1. (i)

        the PPL claimant has not previously satisfied the work and income tests in relation to the child; and

      2. (ii)

        the Secretary is satisfied that the PPL claimant satisfies the work test and income test on the day the determination is made;

determine that the PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.

  1. (7)

    The Secretary must specify in the determination made under subsection (6) the claimed days for which parental leave pay is not payable to the PPL claimant.

14Determination on a special PPL claim

When a claim is to be determined under this section

  1. (1)

    If:

    1. (a)

      a special PPL claimant has made an effective special PPL claim for parental leave pay for a child; and

    2. (b)

      one or more flexible PPL days for the child (the claimed days) have been specified in the claim;

the Secretary must make a determination on the special PPL claim under this section.

When parental leave pay is payable to special PPL claimant for the claimed days

  1. (2)

    The Secretary must determine that parental leave pay is payable to the special PPL claimant for one or more of the claimed days if, when making the determination, the Secretary is satisfied that:

    1. (a)

      a payability determination under section 13 that parental leave pay for the child is payable to a PPL claimant is in force; and

    2. (b)

      the special PPL claimant was or will be eligible for parental leave pay on those days; and

    3. (c)

      if the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made—a permission has been given to the special PPL claimant under subsection 15(2) in relation to the child; and

    4. (d)

      the permission has not been revoked; and

    5. (e)

      if the determination were made, the number of flexible PPL days for the child for which parental leave pay would be payable to the person would not exceed the number of flexible PPL days specified in the permission.

      Note: The Secretary is prevented from making a determination under this subsection in certain circumstances: see Division 3.

  1. (3)

    The Secretary must specify in the determination made under subsection (2) the claimed days for which parental leave pay is payable to the special PPL claimant.

When parental leave pay is not payable to the special PPL claimant for the claimed days

  1. (4)

    If the Secretary is not satisfied of the matters in subsection (2) for one or more of the claimed days, the Secretary must:

    1. (a)

      determine that parental leave pay is not payable to the special PPL claimant for those days; and

    2. (b)

      if:

      1. (i)

        the special PPL claimant is the partner of a person who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

      2. (ii)

        the special PPL claimant has not previously satisfied the work and income tests in relation to the child; and

      3. (iii)

        the Secretary is satisfied that the special PPL claimant satisfies the work test and income test on the day the determination is made;

determine that the special PPL claimant is conditionally eligible for parental leave pay for other flexible PPL days for the child.

  1. (5)

    The Secretary must specify in the determination made under subsection (4) the claimed days for which parental leave pay is not payable to the special PPL claimant.

15Permission to claim flexible PPL days for a child

Certain claimants may give permission

  1. (1)

    Permission for PPL claimants to claim parental leave pay for one or more flexible PPL days for a child may be given by the following persons:

    1. (a)

      the child’s birth mother;

    2. (b)

      a person:

      1. (i)

        who is an adoptive parent of the child; and

      2. (ii)

        in respect of whom a payability determination under section 13 that parental leave pay for the child is payable is in force; and

      3. (iii)

        who is the first adoptive parent of the child in respect of whom a payability determination under section 13 that parental leave pay for the child is payable has been made;

    3. (c)

      an adoptive parent of the child who is nominated by the partner of an adoptive parent of the child to give permission to that partner.

  2. (2)

    Permission for special PPL claimants to claim parental leave pay for flexible PPL days for a child may be given by a person:

    1. (a)

      who satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

    2. (b)

      in respect of whom a payability determination under section 13 that parental leave pay for the child is payable is in force.

  3. (3)

    The permission must:

    1. (a)

      be given to the Secretary in the form approved by the Secretary; and

    2. (b)

      specify the number of flexible PPL days for the child to whom the permission relates that may be claimed; and

    3. (c)

      specify the person to whom the permission is given.

      Note 1: The maximum number of flexible PPL days for a child that is payable is worked out under sections 31AB and 31ABA.

      Note 2: The permission does not preclude the person giving the permission from claiming parental leave pay for some or all of the specified number of flexible PPL days for the child.

Variation and revocation of permission

  1. (4)

    If a person has given a permission under subsection (1) or (2), the person may:

    1. (a)

      vary the number of flexible PPL days for the child specified in the permission; or

    2. (b)

      revoke the permission.

  2. (5)

    The variation or revocation must be given to the Secretary in the form approved by the Secretary.

  3. (6)

    If:

    1. (a)

      a payability determination that parental leave pay is payable to a person for one or more flexible PPL days for a child is in force in relation to a claim; and

    2. (b)

      permission was given in relation to that claim under subsection (1) or (2); and

    3. (c)

      that permission is varied under paragraph (4)(a);

then:

  1. (d)

    the variation of the permission does not affect the operation of the payability determination in relation to the days specified in the payability determination that, at the time the permission is varied, have already occurred; and

  2. (e)

    the Secretary must vary the payability determination to remove the days specified in the payability determination that, at the time the permission is varied:

    1. (i)

      have not yet occurred; and

    2. (ii)

      exceed the number of days specified in the permission, as varied; and

  3. (f)

    the Secretary must determine that parental leave pay is not payable to the person for the days referred to in paragraph (e).

    Note: Subsections 13(5) and (7) (for PPL claims) and 14(3) and (5) (for special PPL claims) provide that determinations must specify the claimed days for which parental leave pay is payable and not payable to a claimant.

  1. (7)

    If:

    1. (a)

      a payability determination is in force in relation to a claim made by a person; and

    2. (b)

      permission was given in relation to that claim under subsection (1) or (2); and

    3. (c)

      that permission is revoked in relation to the person under paragraph (4)(b);

then:

  1. (d)

    the revocation of the permission does not affect the operation of the payability determination in relation to the days specified in the payability determination that, at the time the permission is revoked, have already occurred; and

  2. (e)

    the Secretary must vary the payability determination to remove the days specified in the payability determination that, at the time the permission is revoked, have not yet occurred; and

  3. (f)

    the Secretary must determine that parental leave pay is not payable to the person for the days referred to in paragraph (e).

    Note: Subsections 13(5) and (7) (for PPL claims) and 14(3) and (5) (for special PPL claims) provide that determinations must specify the claimed days for which parental leave pay is payable and not payable to a claimant.

Division 3When the Secretary cannot make a determination that parental leave pay is payable18The child’s birth has not been verified
  1. (1)

    The Secretary must not make a payability determination that parental leave pay is payable to a person for a child unless a PPL claimant has verified the child’s birth.

Verifying a child’s birth

  1. (2)

    A person verifies a child’s birth if:

    1. (a)

      the person gives the Secretary a completed birth verification form for the child; and

    2. (b)

      if subsection (3) applies to the person, the person satisfies the requirement of that subsection.

  2. (3)

    If:

    1. (a)

      the person is the parent (other than an adoptive parent) of the child; and

    2. (b)

      the child is not stillborn; and

    3. (c)

      the person is, under a law of a State or a Territory, responsible (whether alone or jointly) for registering the birth of the child under the law;

then the person must give the Secretary information showing that:

  1. (d)

    the child’s birth has been registered under the law; or

  2. (e)

    the person has applied to have the birth of the child registered under the law.

  1. (4)

    The Secretary may approve a form (a birth verification form) for the purposes of verifying the birth of a child.

19BParental leave pay not payable to COVID‑19 affected claimant if child born after 31 March 2021

If a person is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child of the person, the Secretary must not make a payability determination that parental leave pay is payable to the person for the child if the child is born after 31 March 2021.

20Multiple births

The Secretary must not make a payability determination that parental leave pay is payable to a person for a child if:

  1. (a)

    the child and another child are born during the same multiple birth; and

  2. (b)

    parental leave pay is or was payable to the person or another person for the other child.

21Limit on number of flexible PPL days for which parental leave pay is payable to more than one person
  1. (1)

    The Secretary must not make a payability determination that parental leave pay is payable to a person for a flexible PPL day (the relevant day) for a child if:

    1. (a)

      the effect of one or more payability determinations made by the Secretary under section 13 or 14 is that parental leave pay is payable to more than one person for the same flexible PPL day for the child on a total of:

      1. (i)

        if the child is born before 1 July 2025—10 flexible PPL days; or

      2. (ii)

        if the child is born on or after 1 July 2025—20 flexible PPL days; and

    2. (b)

      the effect of a payability determination made by the Secretary under section 13 or 14 is that parental leave pay is payable to another person for the relevant day.

  2. (2)

    However, the PPL rules may prescribe circumstances in which a flexible PPL day does not count towards the total number of flexible PPL days referred to in paragraph (1)(a).

Division 4General provisions applying to determinations about whether parental leave pay is payable22Assumptions when making the determination

In deciding whether to make a payability determination about parental leave pay, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged.

23When the determination is in force

A payability determination about parental leave pay comes into force on the day it is made and continues in force unless it is:

  1. (a)

    revoked under section 25 (which deals with revoking a payability determination on the claimant’s request); or

  2. (b)

    set aside under Chapter 5 (which deals with review of decisions).

24Notice of the determination

If the Secretary makes a payability determination about parental leave pay for a child, the Secretary must give the claimant a notice stating:

  1. (a)

    whether parental leave pay is payable; and

  2. (c)

    if parental leave pay is payable for one or more flexible PPL days for the child—those days; and

  3. (d)

    if parental leave pay is not payable—whether a conditional eligibility determination has been made; and

  4. (e)

    that the claimant may apply for review of the determination in the manner set out in Chapter 5.

25Revoking the determination on request
  1. (1)

    If:

    1. (a)

      a payability determination is made that parental leave pay is payable to a person for a flexible PPL day for a child; and

    2. (b)

      the person requests the Secretary to revoke the determination; and

    3. (c)

      the request is made before the last day of the instalment period for the instalment that relates to the flexible PPL day for the child; and

    4. (d)

      the request is made in a manner approved by the Secretary;

then the Secretary must revoke the determination.

  1. (2)

    The revocation is taken to have come into force on the day the person requested the Secretary to revoke the determination.

Division 5Initial eligibility determinations about parental leave pay26AInitial eligibility determinations relating to flexible PPL days for a child

The Secretary may make a determination (the initial eligibility determination) that a person is initially eligible for parental leave pay for one or more flexible PPL days for a child if:

  1. (a)

    the flexible PPL days for the child are specified in an effective PPL claim or effective special PPL claim made by the person; and

  2. (b)

    if no other initial eligibility determination under this section is in force in relation to the person and child—the Secretary is satisfied that the person satisfies the work test and income test when making the determination; and

  3. (c)

    the Secretary is satisfied that the person satisfies the Australian residency test when making the determination.

27Assumptions when making the initial eligibility determination

In deciding whether to make an initial eligibility determination about parental leave pay, the Secretary may act on the assumption that the state of affairs known to the Secretary when making the determination will remain unchanged.

28When the initial eligibility determination comes into force

An initial eligibility determination about parental leave pay comes into force on the day it is made.

29Notice of the initial eligibility determination

If the Secretary makes an initial eligibility determination about parental leave pay, the Secretary must give a notice of the determination to the claimant.

Part 2‑3Eligibility for parental leave payDivision 1Guide to this Part30Guide to this Part

This Part sets out when a person is eligible for parental leave pay. The Secretary cannot make a payability determination that parental leave pay is payable if the person is not eligible for it.

Division 2 sets out when a person is eligible for parental leave pay. Section 31AA sets out when a person is eligible for parental leave pay on a flexible PPL day for a child. Sections 31AB and 31ABA set out the maximum number of flexible PPL days for a child for which parental leave pay can be paid. This includes, subject to certain exceptions, the flexible PPL days that are reserved for other claimants where a claimant has a partner at the time of their first effective claim.

Division 3 has the work test. To satisfy the work test, a person must have performed enough paid work or taken enough paid leave in a particular period. A flexible PPL day for a previous child for which parental leave pay was payable to the person may be taken into account in working out whether the person satisfies the work test for a subsequent child. Any jobkeeper payment period or COVID‑19 Australian Government payment period for the person may also be taken into account. Special rules apply in the case of premature birth or complications or illness related to the pregnancy (see section 36A) or in special circumstances (see section 36AA).

Division 4 has the income test. To satisfy the income test, the person’s income for a particular income year must not be more than either the individual PPL income limit (which is $150,000 until 30 June 2021 and then indexed) or the family PPL income limit (which is $350,000 until 30 June 2024 and then indexed). If the person has a partner, their partner’s income is also counted towards the family PPL income limit.

Division 5 has the Australian residency test. To satisfy this test, the person must be an Australian resident or be in a special class of visa holder.

Division 6 sets out when a person is caring for a child.

Division 2When a person is eligible for parental leave pay31AAWhen a person is eligible for parental leave pay on a flexible PPL day for a child
  1. (1)

    A person is eligible for parental leave pay on a flexible PPL day for a child if:

    1. (a)

      the person is eligible for parental leave pay on the day under subsection (2), (3), (4) or (5); and

    2. (b)

      the person is not ineligible for parental leave pay on the day under section 31AB.

Main eligibility rule

  1. (2)

    A person is eligible for parental leave pay on a flexible PPL day for a child if:

    1. (a)

      the person satisfies the Australian residency test on that day; and

    2. (b)

      the person is caring for the child on that day; and

    3. (c)

      on that day the person is performing no more than one hour of paid work; and

    4. (d)

      if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and

    5. (e)

      both of the following apply:

      1. (i)

        the person satisfies the Australian residency test on the day the child was born;

      2. (ii)

        if the day the child was born is in a newly arrived resident’s waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born.

When child is stillborn or has died

  1. (3)

    A person is eligible for parental leave pay on a flexible PPL day for a child if:

    1. (a)

      the child is stillborn or has died before that day; and

    2. (b)

      on that day, the person would be eligible under subsection (2) for parental leave pay on that day, if paragraphs (2)(b) and (c) were disregarded; and

    3. (c)

      the person would have been caring for the child on that day had the child not been stillborn or died.

When person meets prescribed conditions—persons other than special PPL claimants in exceptional circumstances

  1. (4)

    A person is eligible for parental leave pay on a flexible PPL day for a child if:

    1. (a)

      the person satisfies the Australian residency test on that day; and

    2. (b)

      if the person has not previously satisfied the work and income tests in relation to the child—the person satisfies the work test and the income test on that day; and

    3. (c)

      both of the following apply:

      1. (i)

        the person satisfies the Australian residency test on the day the child was born;

      2. (ii)

        if the day the child was born is in a newly arrived resident’s waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born; and

    4. (d)

      the person does not satisfy the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and

    5. (e)

      on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.

When person meets prescribed conditions—special PPL claimants in exceptional circumstances

  1. (5)

    A person is eligible for parental leave pay on a flexible PPL day for a child if:

    1. (a)

      the person satisfies the Australian residency test on that day; and

    2. (b)

      both of the following apply:

      1. (i)

        the person satisfies the Australian residency test on the day the child was born;

      2. (ii)

        if the day the child was born is in a newly arrived resident’s waiting period that the person is subject to under section 31A—subsection 31A(7) or (7A) applies to the person on the day the child was born; and

    3. (c)

      the person satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a special PPL claim can be made; and

    4. (d)

      on that flexible PPL day, the person satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.

31ABWhen a person is not eligible for parental leave pay on a flexible PPL day for a child

When a person is not eligible

  1. (1)

    A person (the relevant claimant) is not eligible for parental leave pay on a day that is a flexible PPL day for a child if subsection (2), (3), (4), (5), (6), (7) or (8) applies to the relevant claimant on that day.

Flexible PPL days exceed maximum amounts—total limit in relation to child

  1. (2)

    This subsection applies to the relevant claimant on a flexible PPL day if:

    1. (a)

      one or more determinations under section 13 or 14 that parental leave pay is payable to a person are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and

    2. (b)

      neither the relevant claimant nor the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made.

When flexible PPL days exceed maximum amounts—claimant limit when partnered (reserved period)

  1. (3)

    This subsection applies to the relevant claimant on a flexible PPL day if:

    1. (a)

      the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and

    2. (b)

      one or more determinations under section 13 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(2); and

    3. (c)

      neither the relevant claimant nor the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

    4. (d)

      the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of this paragraph.

When flexible PPL days exceed maximum amounts—exceptional circumstances persons (other than persons that meet prescribed conditions)

  1. (4)

    This subsection applies to the relevant claimant on a flexible PPL day if:

    1. (a)

      one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant’s partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and

    2. (b)

      the relevant claimant or the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

    3. (c)

      the relevant claimant does not satisfy the conditions prescribed by the PPL rules for the purposes of paragraph (5)(c).

When flexible PPL days exceed maximum amounts—exceptional circumstances persons that meet prescribed conditions (total limit)

  1. (5)

    This subsection applies to the relevant claimant on a flexible PPL day if:

    1. (a)

      one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant or the relevant claimant’s partner (if any) are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(1); and

    1. (b)

      the relevant claimant or the relevant claimant’s partner (if any) satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

    2. (c)

      the relevant claimant satisfies the conditions prescribed by the PPL rules for the purposes of this paragraph.

When flexible PPL days exceed maximum amounts—exceptional circumstances persons that meet prescribed conditions (reserved period)

  1. (6)

    This subsection applies to the relevant claimant on a flexible PPL day if:

    1. (a)

      the relevant claimant has a partner at the time the relevant claimant makes their first effective claim in relation to the child; and

    2. (b)

      one or more determinations under section 13 or 14 that parental leave pay is payable to the relevant claimant are in force in relation to the number of flexible PPL days for the child specified in subsection 31ABA(2); and

    3. (c)

      the relevant claimant or the relevant claimant’s partner satisfies the circumstances prescribed by the PPL rules as being exceptional circumstances in which a PPL claim can be made; and

    4. (d)

      the relevant claimant satisfies the conditions prescribed by the PPL rules for the purposes of paragraph (5)(c).

Claimant deceased

  1. (7)

    This subsection applies to the relevant claimant on a flexible PPL day if the relevant claimant is deceased on that day.

Newly arrived resident’s waiting period

  1. (8)

    This subsection applies to the relevant claimant on a flexible PPL day if that day is in a newly arrived resident’s waiting period for the relevant claimant (see section 31A).

31ABAMaximum number of flexible PPL days

Total limit in relation to child

  1. (1)

    For the purposes of subsections 31AB(2), (4) and (5), the number of flexible PPL days for a child is:

    1. (a)

      for a child born before 1 July 2024—100 flexible PPL days for the child; or

    2. (b)

      for a child born between 1 July 2024 and 30 June 2025—110 flexible PPL days for the child; or

    3. (c)

      for a child born between 1 July 2025 and 30 June 2026—120 flexible PPL days for the child; or

    4. (d)

      for a child born on or after 1 July 2026—130 flexible PPL days for the child.

      Note 1: Under section 31AB, a claimant is not eligible for parental leave pay for a flexible PPL day if the maximum number of flexible PPL days for the child specified in this section has been reached.

      Note 2: Where certain claimants have a partner, the maximum number of flexible PPL days for the claimant is limited to the number specified in subsection (2) of this section. The difference between the number of days specified in this subsection and the number of days specified in subsection (2) is reserved for other claimants (see section 31AB).

Claimant limit when partnered—reserved period

  1. (2)

    For the purposes of subsections 31AB(3) and (6), the number of flexible PPL days for a child is:

    1. (a)

      for a child born before 1 July 2024—90 flexible PPL days for the child; or

    2. (b)

      for a child born between 1 July 2024 and 30 June 2025—100 flexible PPL days for the child; or

    3. (c)

      for a child born between 1 July 2025 and 30 June 2026—105 flexible PPL days for the child; or

    4. (d)

      for a child born on or after 1 July 2026—110 flexible PPL days for the child.

31ANewly arrived resident’s waiting period

When person subject to newly arrived resident’s waiting period

  1. (1)

    Subject to this section, a person is subject to a newly arrived resident’s waiting period if, on or after the commencement of this subsection, the person:

    1. (a)

      becomes the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act; or

    2. (b)

      becomes the holder of a permanent visa, except:

      1. (i)

        a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

      2. (ii)

        a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

      3. (iii)

        a visa of a kind determined in an instrument under subsection (1A).

  2. (1A)

    The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).

  3. (1B)

    Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).

Length of waiting period

  1. (2)

    If:

    1. (a)

      a person is subject to a newly arrived resident’s waiting period; and

    2. (b)

      the visa covered by paragraph (1)(a) or (b) is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act; and

    3. (c)

      subsection (3) does not apply;

the waiting period:

  1. (d)

    starts on the day on which the person applied for that visa; and

  2. (e)

    ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

  1. (3)

    If:

    1. (a)

      a person is subject to a newly arrived resident’s waiting period; and

    2. (b)

      the person has previously held one or more visas in a class of visas determined by the Minister for the purposes of paragraph 739A(4)(b) of the Social Security Act;

the waiting period:

  1. (c)

    starts on the day on which the person applied for the last of those visas; and

  2. (d)

    ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

  1. (4)

    If:

    1. (a)

      a person is subject to a newly arrived resident’s waiting period; and

    2. (b)

      neither subsection (2) nor (3) applies to the person;

the waiting period starts on the day on which the person:

  1. (c)

    first entered Australia; or

  2. (d)

    becomes the holder of a permanent visa;

whichever occurs last, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

Exemptions

  1. (6A)

    If:

    1. (a)

      a person has made an effective claim for parental leave pay for a flexible PPL day for a child; and

    2. (b)

      the person was receiving any of the following on the day before that flexible PPL day:

      1. (i)

        a social security pension;

      2. (ii)

        a social security benefit;

      3. (iii)

        farm household allowance;

      4. (iv)

        parental leave pay for the child; and

    3. (c)

      the person was also receiving any of the things mentioned in subparagraphs (b)(i) to (iv) on the day the child was born;

then subsection (1) does not apply to the person for the purposes of that claim to the extent it relates to that flexible PPL day.

  1. (6B)

    If:

    1. (b)

      a person has made an effective claim for parental leave pay for a period of at least 10 flexible PPL days for a child; and

    2. (c)

      that period consists only of consecutive flexible PPL days for the child that are week days; and

    3. (d)

      the person was receiving any of the following on the day before the start of that period:

      1. (i)

        a social security pension;

      2. (ii)

        a social security benefit;

      3. (iii)

        farm household allowance; and

    4. (e)

      the person was also receiving any of the things mentioned in subparagraphs (d)(i) to (iii) on the day the child was born;

then subsection (1) does not apply to the person for the purposes of that claim to the extent that it relates to the period referred to in paragraph (b) of this subsection.

  1. (7)

    Subsection 31AB(8) does not apply to a person in respect of a day in the newly arrived resident’s waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act.

  2. (7A)

    Subsection 31AB(8) does not apply to a person in respect of a day (the assessment day) in the newly arrived resident’s waiting period for the person if:

    1. (a)

      on the assessment day the person is a refugee or a former refugee; or

    2. (b)

      the following apply:

      1. (i)

        the person was a family member of another person at the time the other person became a refugee before the assessment day;

      2. (ii)

        the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

    3. (c)

      the person is an Australian citizen on the assessment day; or

    4. (d)

      the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.

  3. (8)

    For the purposes of subsection (7A):

    1. (a)

      family member has the meaning given by subsection 7(6D) of the Social Security Act; and

    2. (b)

      former refugee has the meaning given by subsection 7(1) of the Social Security Act; and

    3. (c)

      refugee has the meaning given by subsection 7(6B) of the Social Security Act.

Division 3The work test32When a person satisfies the work test

To work out whether a person satisfies the work test on a day, use the following method statement:

Method statement

Step 1. Work out the person’s work test period.

  1. Note:

    Work test period is defined in sections 33 and 33A for PPL claimants and special PPL claimants.

Step 2. Work out the days in the work test period on which the person has and has not performed qualifying work.

  1. Note:

    Qualifying work is defined in section 34.

Step 3. Work out whether any days on which the person has not performed qualifying work during the work test period fall within a permissible break.

  1. Note:

    Permissible break is defined in section 36.

Step 4. Work out whether there is a period (a qualifying period) of 295 consecutive days in the work test period that are days:

  1. (a)

    on which the person has performed qualifying work; or

  2. (b)

    that fall within a permissible break.

Step 5. If the person has performed at least 330 hours of qualifying work in a qualifying period, the person satisfies the work test.

Note 1: A person may also satisfy the work test despite not satisfying the test in step 5, if:

(a) the child was born prematurely; or

(b) while the person was pregnant with the child, the person had complications or illness related to the pregnancy which prevented the person from performing paid work.

See section 36A.

Note 1A: A person may also satisfy the work test in special circumstances: see section 36AA.

Note 3: If the person performs qualifying work on a day because of paragraph (c) or (d) of the definition of qualifying work in subsection 34(1), and does not also perform qualifying work on that day because of paragraph (e) or (f) of that definition, see section 35A to work out the hours of qualifying work the person is taken to have performed on the day.

Note 4: If the person performs qualifying work on a day because of paragraph (e) of the definition of qualifying work in subsection 34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section 35B).

Note 5: If the person performs qualifying work on a day because of paragraph (f) of the definition of qualifying work in subsection 34(1), the number of hours of qualifying work the person is taken to have performed on that day is determined in accordance with the PPL rules (see section 35C).

33The work test period – claimants other than COVID‑19 affected claimants

Application of section

  1. (1A)

    This section applies in relation to a PPL claimant or special PPL claimant who is not a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child.

  2. (1B)

    If a provision of this Act or the PPL rules requires a person (the first person) to satisfy the work test on a day for the purposes of a PPL claim or special PPL claim made by another person, this section applies as if a reference to a PPL claimant or special PPL claimant were a reference to the first person.

    Note: For the work test period for a COVID‑19 affected claimant in relation to such a claim: see section 33A.

Work test period

  1. (1)

    The work test period for the PPL claimant or special PPL claimant is the 392 days immediately before:

    1. (a)

      if:

      1. (i)

        subsection (2A) applies in relation to the PPL claimant or special PPL claimant; and

      2. (ii)

        the PPL claimant or special PPL claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) or (c) of this subsection;

    the claimant’s work cessation day; or

    1. (b)

      if:

      1. (i)

        the child of the PPL claimant or special PPL claimant is born after the expected date of birth of the child; and

      2. (ii)

        the PPL claimant or special PPL claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (c) of this subsection;

    the expected date of birth of the child; or

    1. (c)

      otherwise—the day the child is born.

  2. (2)

    However, for the purposes of making an initial eligibility determination on a PPL claim or special PPL claim, the work test period for the PPL claimant or special PPL claimant is the 392 days immediately before:

    1. (a)

      if:

      1. (i)

        subsection (2A) applies in relation to the PPL claimant or special PPL claimant; and

      2. (ii)

        the PPL claimant or special PPL claimant would not satisfy the work test if the claimant’s work test period were the work test period under paragraph (b) of this subsection;

    the claimant’s work cessation day; or

    1. (b)

      otherwise—the expected date of birth of the child.

  3. (2A)

    This subsection applies in relation to a PPL claimant or special PPL claimant if:

    1. (a)

      the PPL claimant or special PPL claimant is pregnant with the child or is the birth mother of the child; and

    2. (b)

      the PPL claimant or special PPL claimant is performing or performed paid work of a particular kind before the birth of the child; and

    3. (c)

      the PPL claimant or special PPL claimant will cease or ceased performing that kind of work on a particular day (the claimant’s work cessation day) because of hazards connected with that kind of work that pose or posed a risk to the pregnancy; and

    4. (d)

      any conditions prescribed by the PPL rules are satisfied.

33AThe work test period – COVID‑19 affected claimants

The work test period for a PPL claimant or special PPL claimant who is a COVID‑19 affected claimant in relation to a claim for parental leave pay for a child is the work test period that would apply to the claimant under section 33 if:

  1. (a)

    subsection 33(1A) were disregarded; and

  2. (b)

    the reference in subsections 33(1) and (2) to 392 days were a reference to 600 days.

34When a person performs qualifying work
  1. (1)

    A person performs qualifying work on a day if at least one of the following applies on the day:

    1. (a)

      the person performs at least one hour of paid work;

    2. (b)

      the person takes a period of paid leave of at least one hour;

    3. (ca)

      the day is a flexible PPL day for a previous child of the person and parental leave pay was payable to the person on that day;

    4. (e)

      the day is in a jobkeeper payment period for the person;

    5. (f)

      the day is in a COVID‑19 Australian Government payment period for the person.

  2. (2)

    For the purposes of paragraph (1)(b), the PPL rules may prescribe what is, or is not, taken to be paid leave.

  3. (3)

    A jobkeeper payment period for a person is a period for which:

    1. (a)

      an employer of the person is entitled to one or more jobkeeper payments for the person; or

    2. (b)

      the person themselves is entitled to one or more jobkeeper payments.

  4. (4)

    A jobkeeper payment is a payment that:

    1. (a)

      is payable by the Commonwealth in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020; and

    2. (b)

      is known as jobkeeper payment.

  5. (5)

    A COVID‑19 Australian Government payment period for a person is a period for which the person is entitled to a COVID‑19 Australian Government payment.

  6. (6)

    A COVID‑19 Australian Government payment is:

    1. (a)

      a payment or grant of financial assistance covered by item 492 of the table in Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997; or

    2. (b)

      a payment or grant of financial assistance by the Commonwealth that is prescribed by the PPL rules for the purposes of this paragraph.

35When a person performs paid work

People other than self‑employed

  1. (1)

    A person performs paid work on a day if, on that day, the person performs work (whether as an employee, a contractor or otherwise and whether or not in Australia) for another entity for remuneration or other financial benefit.

  2. (2)

    However, a person is taken not to perform paid work for the purposes of subsection (1) if the other entity is controlled by the person (whether alone or with others).

Self‑employed

  1. (3)

    A person performs paid work on a day if, on that day, the person performs work for the purposes of a business that is carried on for profit (whether in or outside of Australia) by:

    1. (a)

      the person (whether alone or with others); or

    2. (b)

      an entity that is controlled by the person (whether alone or with others).

When a person controls an entity

  1. (4)

    A person controls an entity if the person has the capacity to determine the outcome of decisions about the entity’s financial and operating policies.

PPL rules about what paid work is

  1. (5)

    The PPL rules may prescribe what is, or is not, taken to be paid work.

35AHours of qualifying work on a flexible PPL day

If person does not perform paid work or take paid leave on previous flexible PPL day

  1. (1)

    For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day only because the day is a flexible PPL day for a previous child, the person is taken to have performed 7.6 hours of work on that day.

If person performs paid work on previous flexible PPL day

  1. (2)

    For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because both:

    1. (a)

      the person performs at least one hour of paid work on the day; and

    2. (b)

      the day is a flexible PPL day for which parental leave pay is payable to the person for a previous child;

the person is taken to have performed on that day the greater of:

  1. (c)

    the hours of work the person would be taken to have performed if subsection (1) applied; and

  2. (d)

    the number of hours of paid work performed by the person on that day.

If person takes paid leave on previous flexible PPL day

  1. (3)

    For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because both:

    1. (a)

      the person takes a period of paid leave of at least one hour on the day; and

    2. (b)

      the day is a flexible PPL day for which parental leave pay is payable to the person for a previous child;

the person is taken to have performed on that day the greater of:

  1. (c)

    the hours of work the person would be taken to have performed if subsection (1) applied; and

  2. (d)

    the number of hours of paid leave taken by the person on that day.

35BHours of qualifying work on a day in a jobkeeper payment period
  1. (1)

    For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because the day is in a jobkeeper payment period for the person, the person is taken to have performed on that day the number of hours of work determined in accordance with the PPL rules.

  2. (2)

    Subsection (1) has effect:

    1. (a)

      even if the person also performs qualifying work on that day because of paragraph 34(1)(a), (b) or (ca); and

    2. (b)

      despite section 35A.

35CHours of qualifying work on a day in a COVID‑19 Australian Government payment period
  1. (1)

    For the purposes of step 5 of the method statement in section 32, if a person performs qualifying work on a day because the day is in a COVID‑19 Australian Government payment period for the person, the person is taken to have performed on that day the number of hours of work determined in accordance with the PPL rules.

  2. (2)

    Subsection (1) has effect:

    1. (a)

      even if the person also performs qualifying work on that day because of paragraph 34(1)(a), (b) or (ca); and

    2. (b)

      despite section 35A.

36When there is a permissible break
  1. (1)

    A permissible break is any of the periods in subsections (2) and (3).

Permissible break between 2 qualifying work days

  1. (2)

    If, between a day on which the person performed qualifying work (a qualifying work day) in the work test period and the next qualifying work day, there was at least 1 day but not more than 84 consecutive days on which the person did not perform qualifying work—the day or period of consecutive days between those 2 qualifying work days is a permissible break.

Permissible break at the start of the work test period

  1. (3)

    If:

    1. (a)

      a person performed qualifying work on a day (the earlier qualifying work day) before the first day in the work test period; and

    2. (b)

      the person next performed qualifying work on a day (the later qualifying work day) after the first day in the work test period; and

132, 2015

13 Oct 2015

Sch 1 (item 66): 14 Oct 2015 (s 2(1) item 2)

Insolvency Law Reform Act 2016

11, 2016

29 Feb 2016

Sch 2 (items 305, 306): 1 Mar 2017 (s 2(1) item 7)

Omnibus Repeal Day (Autumn 2015) Act 2016

47, 2016

5 May 2016

Sch 5 (items 2, 5, 66): 6 May 2016 (s 2(1) items 5, 7)

Sch 5 (items 5, 66)

Budget Savings (Omnibus) Act 2016

55, 2016

16 Sept 2016

Sch 12 (items 6–24, 46–49) and Sch 13 (items 5–9, 17, 25–30, 39–42): 1 Jan 2017 (s 2(1) items 14, 15)

Sch 14 (items 5–14): 1 Oct 2016 (s 2(1) item 16)

Sch 17 (items 2–5): 16 Sept 2016 (s 2(1) item 19)

Sch 12 (items 46–49), Sch 13 (items 17, 39–42) and Sch 14 (item 14)

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 3 (item 36): 21 Oct 2016 (s 2(1) item 1)

Regulatory Powers (Standardisation Reform) Act 2017

124, 2017

6 Nov 2017

Sch 11: 6 Nov 2018 (s 2(1) item 3)

Sch 11 (items 27, 28)

Veterans’ Affairs Legislation Amendment (Veteran‑centric Reforms No. 1) Act 2018

17, 2018

28 Mar 2018

Sch 2 (items 53, 54): 1 May 2018 (s 2(1) item 3)

Social Services Legislation Amendment (Welfare Reform) Act 2018

26, 2018

11 Apr 2018

Sch 17 (items 21–37): 1 July 2018 (s 2(1) item 21)

Sch 17 (item 37)

Home Affairs and Integrity Agencies Legislation Amendment Act 2018

31, 2018

9 May 2018

Sch 2 (items 140–153, 284): 11 May 2018 (s 2(1) items 3, 7)

Sch 2 (item 284)

Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018

168, 2018

10 Dec 2018

Sch 4: 1 Jan 2019 (s 2(1) item 2)

Sch 5 (items 4–7): 1 July 2019 (s 2(1) item 3)

Sch 4 (item 6)

Paid Parental Leave Amendment (Work Test) Act 2019

84, 2019

28 Oct 2019

1 Jan 2020 (s 2(1) item 2)

Sch 1 (item 5)

Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020

38, 2020

9 Apr 2020

Sch 2 (items 15–21): 9 Apr 2020 (s 2(1) item 4)

Paid Parental Leave Amendment (Flexibility Measures) Act 2020

53, 2020

16 June 2020

Sch 1 (items 9–211) and Sch 2 (items 2–6): 1 July 2020 (s 2(1) item 2)

Sch 2 (items 2–6)

Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Act 2020

97, 2020

13 Nov 2020

Sch 4: 14 Nov 2020 (s 2(1) item 4)

Sch 4 (item 13)

Services Australia Governance Amendment Act 2020

104, 2020

20 Nov 2020

Sch 1 (items 48–55, 66): 1 Feb 2020 (s 2(1) item 2)

Sch 1 (item 66)

Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021

13, 2021

1 Mar 2021

Sch 2 (items 661–668): 1 Sept 2021 (s 2(1) item 5)

Paid Parental Leave Amendment (COVID‑19 Work Test) Act 2021

99, 2021

3 Sept 2021

4 Sept 2021 (s 2(1) item 1)

Sch 1 (item 10)

Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022

3, 2022

17 Feb 2022

Sch 1 (items 7, 8, 14): 17 Aug 2022 (s 2(1) item 2)

Sch 1 (item 14)

Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023

4, 2023

10 Mar 2023

Sch 1 and Sch 3 (items 1–3, 5, 6): 26 Mar 2023 (s 2(1) item 1)

Sch 3 (items 1–3, 5, 6)

Paid Parental Leave Amendment (More Support for Working Families) Act 2024

7, 2024

20 Mar 2024

26 Mar 2024 (s 2(1) item 1)

Sch 1 (items 16–19)

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024

38, 2024

31 May 2024

Sch 3 (items 105–135, 216): 14 Oct 2024 (s 2(1) item 2)

Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Act 2024

90, 2024

1 Oct 2024

Sch 1 (items 1–9): 2 Oct 2024 (s 2(1) item 1)

Endnote 4Amendment history

Provision affected

How affected

Title...........................................

rs. No. 109, 2012

Chapter 1

Part 1‑1

Division 1

s 3.............................................

am No 124, 2017

s 3AA........................................

ad No 59, 2015

Division 1A

Division 1A heading....................

rs No 109, 2012

s 3A...........................................

am No 109, 2012; No 53, 2020

rs No 4, 2023

am No 90, 2024

Division 2

s 4.............................................

am No 109, 2012; No 70, 2013; No 60, 2015; No 53, 2020

rs No 4, 2023

am No 7, 2024; No 38, 2024; No 90, 2024

Part 1‑2

Division 2

s 6.............................................

am No 5, 2011; No 32, 2011; No 46, 2011; No 109, 2012; No 154, 2012; No 13, 2013; No 70, 2013; No 31, 2014; No 62, 2014; No 116, 2014; No 59, 2015; No 60, 2015; No 122, 2015; No 11, 2016; No 55, 2016; No 124, 2017; No 17, 2018; No 31, 2018; No 168, 2018; No 84, 2019; No 38, 2020; No 53, 2020; No 97, 2020; No 104, 2020; No 13, 2021; No 99, 2021; No 4, 2023; No 38, 2024; No 90, 2024

s 6A...........................................

ad No 53, 2020

rep No 4, 2023

Chapter 2

Part 2–1

Division 1

s 7.............................................

am No 53, 2020

rs No 4, 2023

am No 7, 2024

Division 2 heading......................

am No 53, 2020

Division 2..................................

rep No 4, 2023

s 8.............................................

am No 53, 2020

rep No 4, 2023

s 9.............................................

am No 53, 2020

rep No 4, 2023

s 10............................................

am No 53, 2020

rep No 4, 2023

s 11............................................

am No 53, 2020; No 97, 2020; No 99, 2021

rep No 4, 2023

Division 3

Division 3..................................

ad No 53, 2020

s 11A.........................................

ad No 53, 2020

am No 4, 2023

s 11B.........................................

ad No 53, 2020

am No 4, 2023

s 11C.........................................

ad No 53, 2020

am No 4, 2023

s 11D.........................................

ad No 53, 2020

rs No 4, 2023

Part 2‑2

Division 1

s 12............................................

am No 53, 2020; No 4, 2023

Division 2

Division 2 heading......................

am No 53, 2020

rs No 4, 2023

Division 2..................................

rs No 4, 2023

s 13............................................

am No 53, 2020

rs No 4, 2023

s 14............................................

am No 53, 2020

rs No 4, 2023

s 15............................................

am No 168, 2018; No 53, 2020

rs No 4, 2023

am No 7, 2024

s 16............................................

am No 53, 2020

rep No 4, 2023

s 17............................................

am No 53, 2020

rep No 4, 2023

Division 2A................................

ad No 53, 2020

rep No 4, 2023

s 17A.........................................

ad No 53, 2020

rep No 4, 2023

s 17B.........................................

ad No 53, 2020

rep No 4, 2023

s 17C.........................................

ad No 53, 2020

rep No 4, 2023

s 17D.........................................

ad No 53, 2020

rep No 4, 2023

Division 3

s 18............................................

am No 4, 2023

s 19............................................

rep No 4, 2023

s 19A.........................................

ad No 53, 2020

rep No 4, 2023

s 19B.........................................

ad No 97, 2020

s 21............................................

am No 109, 2012; No 53, 2020

rs No 4, 2023

am No 7, 2024

Division 4

s 22............................................

am No 109, 2012

s 23............................................

am No 109, 2012

s 24............................................

am No 109, 2012

rs No 53, 2020

am No 4, 2023

s 25............................................

am No 53, 2020; No 4, 2023

Division 5

Division 5 heading......................

rs No 109, 2012

s 26............................................

am No 53, 2020

rep No 4, 2023

s 26A.........................................

ad No 53, 2020

am No 4, 2023

s 27............................................

am No 109, 2012

s 28............................................

am No 109, 2012

s 29............................................

am No 109, 2012

Part 2‑3

Division 1

s 30............................................

am No 52, 2011; No 109, 2012; No 70, 2013; No 14, 2014; No 55, 2016; No 168, 2018; No 38, 2020; No 53, 2020; No 99, 2021

rs No 4, 2023

am No 7, 2024

Division 2

s 31............................................

am No 109, 2012; No 70, 2013; No 168, 2018; No 53, 2020

rep No 4, 2023

s 31AA......................................

ad No 53, 2020

am No 4, 2023; No 7, 2024

s 31AB.......................................

ad No 53, 2020

am No 4, 2023

rs No 7, 2024

s 31ABA....................................

ad No 7, 2024

s 31A.........................................

ad No 168, 2018

am No 53, 2020; No 4, 2023; No 7, 2024

Division 3

s 32............................................

am No 109, 2012; No 70, 2013; No 38, 2020; No 97, 2020; No 99, 2021; No 4, 2023

s 33............................................

am No 109, 2012; No 84, 2019; No 53, 2020; No 97, 2020; No 4, 2023

s 33A.........................................

ad No 97, 2020

am No 4, 2023

ed C42

s 34............................................

am No 70, 2013; No 38, 2020; No 53, 2020; No 99, 2021; No 4, 2023

s 35A.........................................

ad No 70, 2013

am No 4, 2023

s 35B.........................................

ad No 38, 2020

am No 4, 2023

s 35C.........................................

ad No 99, 2021

am No 4, 2023

s 36............................................

am No 84, 2019

s 36A.........................................

ad No 109, 2012

rs No 7, 2024

s 36AA......................................

ad No 99, 2021

s 36B.........................................

ad No 109, 2012

rep No 4, 2023

Division 4

Subdivision A

s 37............................................

am No 109, 2012

rs No 4, 2023

s 39............................................

am No 109, 2012; No 53, 2020; No 4, 2023

s 40............................................

am No 109, 2012

rs No 4, 2023

s 41............................................

am No 52, 2011; No 14, 2014; No 55, 2016; No 168, 2018; No 4, 2023

Subdivision B

Subdivision B heading.................

am No 4, 2023

s 42............................................

am No 52, 2011; No 14, 2014; No 55, 2016; No 168, 2018; No 4, 2023

Division 5

s. 45...........................................

am. No. 98, 2012

s 46............................................

am No 98, 2012; No 14, 2014

Division 6

Division 6..................................

rs No 4, 2023

s 47............................................

am No 53, 2020

rs No 4, 2023

Division 7..................................

rep No 4, 2023

s 48............................................

rep No 4, 2023

s 49............................................

rep No 4, 2023

s 50............................................

am No 109, 2012

rep No 4, 2023

Part 2‑4

Division 1

s 51............................................

am No 53, 2020; No 4, 2023

Division 2

s 52............................................

am No 109, 2012

s 53............................................

am No 109, 2012

rs No 4, 2023

s 54............................................

rs No 4, 2023

s 55............................................

am No 109, 2012; No 53, 2020; No 4, 2023

s 56............................................

am No 109, 2012

s 57............................................

am No 53, 2020

rep No 4, 2023

s 57A.........................................

ad No 53, 2020

am No 97, 2020; No 4, 2023

s 58............................................

rs No 4, 2023

s 59............................................

am No 109, 2012; No 53, 2020

s 59A.........................................

ad No 4, 2023

s 60............................................

am No 109, 2012; No 53, 2020; No 4, 2023

s 61............................................

am No 109, 2012

Chapter 3

Part 3‑1

Division 1

s 62............................................

am No 53, 2020; No 4, 2023

Division 2

s 63............................................

am No 53, 2020; No 4, 2023

s 65............................................

am No 174, 2012; No 53, 2020; No 4, 2023

s 66............................................

am No 55, 2016; No 53, 2020

s 67............................................

am No 4, 2023

s 69A.........................................

ad No 55, 2016

s 69B.........................................

ad No 53, 2020

s 70............................................

am No 55, 2016; No 53, 2020

Part 3‑2

Division 1

s 71............................................

am No 53, 2020; No 4, 2023

Division 1A

Division 1A................................

ad No 4, 2023

s 71A.........................................

ad No 4, 2023

Division 2

s 72............................................

am No 53, 2020; No 4, 2023

Division 3

s 75............................................

am No 53, 2020

s 76............................................

am No 53, 2020

s 77............................................

am No 53, 2020; No 4, 2023

s 78............................................

rep No 62, 2014

Division 4

s 82............................................

am No 109, 2012; No 53, 2020; No 4, 2023

Part 3–3

Division 1

s 83............................................

am No 53, 2020

Division 2

s 84............................................

am No 53, 2020; No 4, 2023

s 85............................................

am No 53, 2020; No 4, 2023

s 87............................................

am No 53, 2020; No 4, 2023

Part 3–4

Division 1

s 90............................................

am No 53, 2020; No 4, 2023

Division 2

s 91............................................

am No 53, 2020; No 4, 2023

s 92............................................

am No 53, 2020

rep No 4, 2023

s 92A.........................................

ad No 53, 2020

s 99............................................

am No 53, 2020

Part 3‑5

Division 1

s 100..........................................

am No 53, 2020

Division 2

s 101..........................................

am No 59, 2015; No 55, 2016; No 53, 2020; No 4, 2023

s 102..........................................

am No 53, 2020; No 4, 2023

s 104..........................................

am No 53, 2020; No 4, 2023

s 105..........................................

am No 109, 2012; No 53, 2020; No 4, 2023

ed C42

Division 3

s 107..........................................

am No 53, 2020; No 4, 2023

s 108..........................................

am No 60, 2015; No 55, 2016; No 53, 2020; No 4, 2023; No 38, 2024

Division 4

s 112..........................................

am No 53, 2020; No 4, 2023

Division 5

s 113..........................................

am No 53, 2020; No 4, 2023

s 114..........................................

am No 53, 2020; No 4, 2023

Chapter 3A

Chapter 3A.................................

ad No 90, 2024

Part 1

Division 1

s 115A.......................................

ad No 90, 2024

Division 2

s 115B.......................................

ad No 90, 2024

s 115C.......................................

ad No 90, 2024

s 115D.......................................

ad No 90, 2024

Part 2

Division 1

s 115E........................................

ad No 90, 2024

Division 2

s 115F........................................

ad No 90, 2024

s 115G.......................................

ad No 90, 2024

s 115H.......................................

ad No 90, 2024

s 115J........................................

ad No 90, 2024

Division 3

s 115K.......................................

ad No 90, 2024

s 115L........................................

ad No 90, 2024

s 115M.......................................

ad No 90, 2024

s 115N.......................................

ad No 90, 2024

Division 4

s 115P........................................

ad No 90, 2024

Division 5

s 115Q.......................................

ad No 90, 2024

Part 3

Division 1

s 115R.......................................

ad No 90, 2024

Division 2

s 115S........................................

ad No 90, 2024

Division 3

s 115T........................................

ad No 90, 2024

s 115U.......................................

ad No 90, 2024

s 115V.......................................

ad No 90, 2024

s 115W......................................

ad No 90, 2024

s 115X.......................................

ad No 90, 2024

s 115Y.......................................

ad No 90, 2024

s 115Z........................................

ad No 90, 2024

Part 4

Division 1

s 115ZA.....................................

ad No 90, 2024

Division 2

s 115ZB.....................................

ad No 90, 2024

s 115ZC.....................................

ad No 90, 2024

s 115ZD.....................................

ad No 90, 2024

s 115ZE.....................................

ad No 90, 2024

Division3

s 115ZF......................................

ad No 90, 2024

s 115ZG.....................................

ad No 90, 2024

s 115ZH.....................................

ad No 90, 2024

Chapter 3A.................................

ad No 109, 2012

rep No 4, 2023

s 115AA.....................................

ad No 109, 2012

rep No 4, 2023

s 115AB.....................................

ad No 109, 2012

rep No 4, 2023

s 115AC.....................................

ad No 109, 2012

rep No 4, 2023

s 115AD.....................................

ad No 109, 2012

rep No 4, 2023

s 115AE.....................................

ad No 109, 2012

rep No 4, 2023

s 115BA.....................................

ad No 109, 2012

rep No 4, 2023

s 115BB.....................................

ad No 109, 2012

rep No 4, 2023

s 115BC.....................................

ad No 109, 2012

rep No 4, 2023

s 115BD.....................................

ad No 109, 2012

rep No 4, 2023

s 115BDA..................................

ad No 97, 2020

ed C37

rep No 4, 2023

s 115BE.....................................

ad No 109, 2012

rep No 4, 2023

s 115BF.....................................

ad No 109, 2012

rep No 4, 2023

s 115BG.....................................

ad No 109, 2012

rep No 4, 2023

s 115BH.....................................

ad No 109, 2012

rep No 4, 2023

s 115BJ......................................

ad No 109, 2012

rep No 4, 2023

s 115BK.....................................

ad No 109, 2012

rep No 4, 2023

s 115BL.....................................

ad No 109, 2012

rep No 4, 2023

s 115BM....................................

ad No 109, 2012

rep No 4, 2023

s 115BN.....................................

ad No 109, 2012

rep No 4, 2023

s 115BP.....................................

ad No 109, 2012

rep No 4, 2023

s 115CA.....................................

ad No 109, 2012

am No 70, 2013; No 14, 2014; No 55, 2016; No 168, 2018; No 53, 2020

rep No 4, 2023

s 115CB.....................................

ad No 109, 2012

am No 168, 2018; No 53, 2020

rep No 4, 2023

s 115CBA..................................

ad No 168, 2018

am No 53, 2020

rep No 4, 2023

s 115CC.....................................

ad No 109, 2012

rep No 4, 2023

s 115CD.....................................

ad No 109, 2012

rs No 97, 2020

rep No 4, 2023

s 115CE.....................................

ad No 109, 2012

rep No 4, 2023

s 115CF.....................................

ad No 109, 2012

rep No 4, 2023

s 115CG.....................................

ad No 109, 2012

rep No 4, 2023

s 115CH.....................................

ad No 109, 2012

rep No 4, 2023

s 115CJ......................................

ad No 109, 2012

rep No 4, 2023

s 115CK.....................................

ad No 109, 2012

rep No 4, 2023

s 115CL.....................................

ad No 109, 2012

rep No 4, 2023

s 115CM....................................

ad No 109, 2012

rep No 4, 2023

s 115DA.....................................

ad No 109, 2012

rep No 4, 2023

Division 2 heading......................

ed C27

rep No 4, 2023

s 115DB.....................................

ad No 109, 2012

rep No 4, 2023

s 115DC.....................................

ad No 109, 2012

rep No 4, 2023

s 115DD.....................................

ad No 109, 2012

rep No 4, 2023

s 115DE.....................................

ad No 109, 2012

rep No 4, 2023

s 115DF.....................................

ad No 109, 2012

rep No 4, 2023

s 115DG.....................................

ad No 109, 2012

rep No 4, 2023

s 115DH.....................................

ad No 109, 2012

rep No 4, 2023

s 115DJ......................................

ad No 109, 2012

rep No 4, 2023

s 115DK.....................................

ad No 109, 2012

rep No 4, 2023

s 115DL.....................................

ad No 109, 2012

rep No 4, 2023

s 115EA.....................................

ad No 109, 2012

rep No 4, 2023

s 115EB.....................................

ad No 109, 2012

rep No 4, 2023

s 115EC.....................................

ad No 109, 2012

rep No 4, 2023

s 115ED.....................................

ad No 109, 2012

rep No 4, 2023

s 115EE.....................................

ad No 109, 2012

rep No 4, 2023

s 115EF......................................

ad No 109, 2012

rep No 4, 2023

s 115EG.....................................

ad No 109, 2012

am No 55, 2016

rep No 4, 2023

s 115EH.....................................

ad No 109, 2012

rep No 4, 2023

s 115EI......................................

ad No 55, 2016

rep No 4, 2023

s 115EJ......................................

ad No 109, 2012

am No 55, 2016

rep No 4, 2023

s 115EK.....................................

ad No 109, 2012

rep No 4, 2023

s 115EL.....................................

ad No 109, 2012

rep No 4, 2023

s 115EM....................................

ad No 109, 2012

rep No 4, 2023

Chapter 4

Part 4‑1

Division 1

s 116..........................................

am No 109, 2012; No 4, 2023

Division 2

Subdivision A

s 116A.......................................

ad No 26, 2018

s 117..........................................

am No 109, 2012; No 26, 2018; No 4, 2023

s 118..........................................

am No 26, 2018

s 119..........................................

rs No 26, 2018

s 120..........................................

am No 26, 2018

s 121..........................................

am No 26, 2018

s 122..........................................

am No 109, 2012; No 4, 2023

s 122A.......................................

ad No 26, 2018

s 122B.......................................

ad No 26, 2018

Subdivision B

s 123..........................................

am No 109, 2012; No 4, 2023

s 124..........................................

am No 109, 2012; No 4, 2023

Subdivision C

s 125..........................................

am No 109, 2012; No 4, 2023

Division 3

s 126..........................................

an No 38, 2024

s 127..........................................

am No 32, 2011; No 47, 2016; No 124, 2017

s 128..........................................

am No 197, 2012; No 124, 2017; No 104, 2020

s 130A.......................................

ad No 154, 2012

am No 60, 2015; No 38, 2024

s 131..........................................

am No 109, 2012

Division 4

s 133..........................................

am No 109, 2012; No 4, 2023

s 138..........................................

am No 109, 2012; No 61, 2016; No 4, 2023

Part 4‑2

Division 1

s 140..........................................

am No 124, 2017

Division 3

s 145..........................................

rep No 124, 2017

s 146..........................................

am No 124, 2017

s 147..........................................

am No 13, 2013

rs No 124, 2017

am No 13, 2021

s 148..........................................

am No 13, 2013

rep No 124, 2017

s 149..........................................

rep No 124, 2017

s 150..........................................

am No 13, 2013

rep No 124, 2017

s 151..........................................

rep No 124, 2017

s 152..........................................

am No 13, 2013

rep No 124, 2017

s 153..........................................

rep No 124, 2017

s 154..........................................

rep No 124, 2017

s 155..........................................

rep No 124, 2017

s 156..........................................

am No 13, 2013; No 124, 2017; No 13, 2021

Division 5

Division 5..................................

rs No 124, 2017

s 159..........................................

am No 13, 2013

rs No 124, 2017

s 160..........................................

rep No 124, 2017

s 161..........................................

rep No 124, 2017

s 162..........................................

am No 13, 2013

rep No 124, 2017

s 163..........................................

rep No 124, 2017

Part 4‑3

Division 1

s 164..........................................

am No 109, 2012; No 55, 2016; No 4, 2023

Division 2

s 165..........................................

am No 109, 2012; No 55, 2016; No 4, 2023

s 166..........................................

am No 53, 2020; No 4, 2023; No 38, 2024

s 167..........................................

rs No 53, 2020

s 168..........................................

am No 53, 2020; No 4, 2023

s 168A.......................................

ad No 109, 2012

rep No 4, 2023

s 169..........................................

am No 109, 2012; No 4, 2023

s 171..........................................

am No 109, 2012; No 4, 2023

Division 4

s 173..........................................

am No 55, 2016; No 90, 2024

s 174..........................................

rs No 55, 2016

s 175..........................................

rs No 55, 2016

s 176..........................................

rs No 55, 2016

s 177..........................................

rs No 55, 2016

s 178..........................................

rs No 55, 2016

am No 17, 2018; No 53, 2020

s 179..........................................

rs No 55, 2016

s 180..........................................

rs No 55, 2016

Division 5

s 181..........................................

am No 55, 2016

s 182..........................................

am No 53, 2020

s 183..........................................

am No 55, 2016

s 184..........................................

am No 55, 2016

s 189..........................................

rep No 55, 2016

s 190..........................................

am No 55, 2016

s 190A.......................................

ad No 53, 2020

s 191..........................................

am No 4, 2023

s 192..........................................

am No 109, 2012; No 4, 2023

s 192A.......................................

ad No 55, 2016

Division 6

s 193..........................................

am No 55, 2016

Division 7

s 194..........................................

am No 55, 2016

s 198..........................................

am No 38, 2024

Division 7A

Division 7A................................

ad No 55, 2016

Subdivision A

s 200A.......................................

ad No 55, 2016

Subdivision B

s 200B.......................................

ad No 55, 2016

Subdivision C

s 200C.......................................

ad No 55, 2016

am No 31, 2018

s 200D.......................................

ad No 55, 2016

am No 13, 2021

s 200E........................................

ad No 55, 2016

s 200F........................................

ad No 55, 2016

Subdivision D

s 200G.......................................

ad No 55, 2016

s 200H.......................................

ad No 55, 2016

s 200J........................................

ad No 55, 2016

s 200K.......................................

ad No 55, 2016

s 200L........................................

ad No 55, 2016

s 200M.......................................

ad No 55, 2016

Subdivision E

s 200N.......................................

ad No 55, 2016

am No 13, 2021

s 200P........................................

ad No 55, 2016

s 200Q.......................................

ad No 55, 2016

s 200R.......................................

ad No 55, 2016

am No 38, 2024

Subdivision F

s 200S........................................

ad No 55, 2016

s 200T........................................

ad No 55, 2016

s 200U.......................................

ad No 55, 2016

Subdivision G

s 200V.......................................

ad No 55, 2016

s 200W......................................

ad No 55, 2016

Division 8

s 201A.......................................

ad No 109, 2012

am No 124, 2017

Chapter 5

Chapter 5 note to heading.............

ad No 55, 2016

rs No 90, 2024

Part 5‑1

Division 2

s 203..........................................

am No 60, 2015; No 38, 2024

s 204..........................................

am No 60, 2015; No 38, 2024

s 205..........................................

am No 38, 2024

s 206..........................................

am No 32, 2011; No 90, 2024

s 207..........................................

am No 32, 2011; No 197, 2012; No 53, 2020

s 208..........................................

am. No. 32, 2011

s 211..........................................

am No 60, 2015; No 38, 2024

s 212..........................................

am No 60, 2015; No 38, 2024

Part 5‑2

Part 5‑2 heading..........................

rs No 60, 2015

am No 38, 2024

Division 1

s 213..........................................

am No 32, 2011

rs No 60, 2015

am No 38, 2024

s 214..........................................

am No 154, 2012

rep No 60, 2015

Division 2

Division 2 heading......................

am No 38, 2024

s 215..........................................

am No 32, 2011; No 109, 2012; No 60, 2015; No 26, 2018; No 4, 2023; No 38, 2024

s 216..........................................

rs No 60, 2015

am No 38, 2024

s 217..........................................

am No 32, 2011

rep No 60, 2015

s 218..........................................

am No 32, 2011

rep No 60, 2015

s 219..........................................

rep No 60, 2015

s 220..........................................

rep No 60, 2015

s 221..........................................

am No 154, 2012

rep No 60, 2015

s 222..........................................

am No 32, 2011

rep No 60, 2015

Division 3

Division 3 heading......................

am No 60, 2015; No 38, 2024

s 223..........................................

am No 32, 2011; No 60, 2015; No 38, 2024

s 224..........................................

rs No 60, 2015

am No 53, 2020; No 38, 2024

ed C45

Division 4

Division 4..................................

ad No 60, 2015

am No 38, 2024

s 224A.......................................

ad No 60, 2015

am No 38, 2024

s 224B.......................................

ad No 38, 2024

s 225..........................................

rs No 60, 2015; No 38, 2024

s 225A.......................................

ad No 38, 2024

s 225B.......................................

ad No 38, 2024

s 225C.......................................

ad No 38, 2024

s 226..........................................

am No 32, 2011

rs No 60, 2015

am No 38, 2024

s 227..........................................

rs No 60, 2015

am No 38, 2024

s 228..........................................

rs No 60, 2015

rep No 3, 2022

s 229..........................................

am No 154, 2012

rs No 60, 2015

rep No 3, 2022

s 230..........................................

am No 32, 2011

rs No 60, 2015

am No 3, 2022; No 38, 2024

s 231..........................................

am No 32, 2011; No 154, 2012

rs No 60, 2015

am No 26, 2018; No 38, 2024

s 232..........................................

am No 32, 2011

rs No 60, 2015; No 38, 2024

s 233..........................................

am No 154, 2012

rs No 60, 2015

am No 38, 2024

s 234..........................................

ad No 60, 2015

rs No 60, 2015

am No 38, 2024

s 235..........................................

ad No 60, 2015

rs No 60, 2015

rep No 38, 2024

Part 5‑3......................................

rs No 60, 2015

rep No 38, 2024

s 236..........................................

am No 32, 2011

rs No 60, 2015

rep No 38, 2024

s 237..........................................

am No 154, 2012; No 60, 2015

rep No 38, 2024

Division 3

am No 32, 2011; No 60, 2015

rep No 38, 2024

s 238..........................................

rs No 60, 2015

rep No 38, 2024

s 239..........................................

rs No 60, 2015

rep No 132, 2015

Division 4 heading......................

rs No 32, 2011

rep No 60, 2015

s 240..........................................

am No 32, 2011; No 154, 2012; No 60, 2015

rep No 38, 2024

Division 5..................................

rep No 60, 2015

s 241..........................................

rs No 60, 2015

rep No 38, 2024

s 242..........................................

rs No 60, 2015

rep No 38, 2024

s 243..........................................

am No 60, 2015

rep No 38, 2024

s 244..........................................

rep No 60, 2015

Division 6 heading......................

rs No 154, 2012

rep No 60, 2015

s 245..........................................

am No 154, 2012

rep No 60, 2015

s 246..........................................

am No 154, 2012

rep No 60, 2015

s 247..........................................

am No 154, 2012

rep No 60, 2015

s 248..........................................

rep No 60, 2015

s 249..........................................

rep No 154, 2012

s 250..........................................

am No 154, 2012

rep No 60, 2015

s 251..........................................

rs No 154, 2012

rep No 60, 2015

s 252..........................................

rs No 154, 2012

rep No 60, 2015

s 253..........................................

rep No 60, 2015

s 254..........................................

rep No 60, 2015

s 255..........................................

am No 154, 2012

rep No 60, 2015

s 256..........................................

rep No 60, 2015

s 257..........................................

am No 32, 2011; No 109, 2012

rep No 60, 2015

s 257A.......................................

ad No 154, 2012

rep No 60, 2015

s 258..........................................

rep No 60, 2015

s 259..........................................

am No 13, 2013

rep No 60, 2015

Part 5‑4

s 260..........................................

rep No 60, 2015

Division 2..................................

rep No 60, 2015

s 261..........................................

rep No 60, 2015

s 262..........................................

rep No 60, 2015

s 263..........................................

rep No 60, 2015

s 264..........................................

rep No 60, 2015

s 265..........................................

rep No 60, 2015

s 266..........................................

am No 32, 2011

rep No 60, 2015

s 267..........................................

rep No 60, 2015

s 268..........................................

rep No 60, 2015

s 269..........................................

rep No 60, 2015

s 270..........................................

rs No 60, 2015

Division 2

s 272..........................................

am No 60, 2015; No 38, 2024

s 273..........................................

am No 109, 2012; No 60, 2015; No 4, 2023; No 38, 2024

s 273A.......................................

ad No 154, 2012

rs No 60, 2015

am No 38, 2024

s 273B.......................................

ad No 154, 2012

rep No 60, 2015

s 273C.......................................

ad No 154, 2012

rep No 60, 2015

Chapter 6

Part 6‑1

Division 1

s 274.........................................

am No 70, 2013; No 4, 2023

Division 2

s 275.........................................

am No 70, 2013; No 53, 2020

Division 3

s 276..........................................

am No 53, 2020

s 277..........................................

am No 109, 2012; No 53, 2020; No 4, 2023

Division 3A................................

ad No 70, 2013

rep No 4, 2023

s 277A......................................

ad No 70, 2013

rep No 4, 2023

Division 4

s 278..........................................

am No 109, 2012

Division 5

Division 5 heading......................

am No 4, 2023

Division 5..................................

ad No 116, 2014

s 278A.......................................

ad No 116, 2014

am No 4, 2023

s 278B.......................................

ad No 116, 2014

am No 4, 2023

s 278C.......................................

ad No 116, 2014

am No 31, 2018; No 4, 2023

s 278D.......................................

ad No 116, 2014

am No 122, 2015; No 31, 2018

s 278E........................................

ad No 116, 2014

rep No 31, 2018

s 278F........................................

ad No 116, 2014

am No 104, 2020

s 278G.......................................

ad No 116, 2014

s 278GA.....................................

ad No 116, 2014

am No 31, 2018

s 278H.......................................

ad No 116, 2014

am No 31, 2018; No 104, 2020; No 4, 2023

s 278J........................................

ad No 116, 2014

s 278K.......................................

ad No 116, 2014

s 278L........................................

ad No 116, 2014

Part 6‑2

Division 1

s 279..........................................

am No 109, 2012; No 4, 2023

Division 2

s 280..........................................

am No 109, 2012; No 4, 2023

s 281..........................................

am No 109, 2012; No 4, 2023

Division 3

Division 3 heading......................

rs No 109, 2012

s 284A.......................................

ad No 109, 2012

rep No 4, 2023

Division 4

s 285..........................................

rs No 109, 2012

am No 4, 2023

s 286..........................................

am No 109, 2012; No 4, 2023

s 289..........................................

am No 109, 2012; No 4, 2023

Part 6‑3

Division 1

s 297..........................................

am No 13, 2013; No 13, 2021

Division 3

s 301..........................................

am No 13, 2013; No 13, 2021

Division 4

s 303..........................................

am No 32, 2011; No 109, 2012; No 124, 2017

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 224(1A)

Kind of editorial change

Correct a typographical error

Details of editorial change

Schedule 3 item 118 of the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 provides as follows:

118

After subsection 224(1)

Insert:

  1. (1A)

    If a guidance and appeals panel application is taken to have been made because the ART’s decision on review of an AAT reviewable employer decision is referred to the guidance and appeals panel, review of the decision to which that application relates is also an ART review.

Subsection 224(1A) refers to “AAT reviewable employer decision” rather than “ART reviewable employer decision”.

This compilation was editorially changed to omit “AAT reviewable employer decision” and substitute “ART reviewable employer decision” in subsection 224(1A) to correct the typographical error.

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