Section 86 — Paid Parental Leave Act 2010: Payment of arrears—employer determination revoked after coming into force

(1) This section applies if: (a) the Secretary revokes an employer determination that has come into force for a person and the person’s employer; and (b) the employer has not, as at the payday for the instalment, paid all or part of an instalment that was payable to the person by the employer; and (c) either: (i) the Fair Work Ombudsman has notified the Secretary that the employer has not complied with a compliance notice given for a contravention of section 70, 72 or 74 (which deal with unauthorised deductions and payment of instalments by an employer) that relates to the payment of the instalment; or (ii) the employer determination was revoked because the Secretary was satisfied that the employer was insolvent. (2) The Secretary must pay the person the instalment, or the part of the instalment, on the payday for the next instalment that the Secretary is required to pay under subsection 84(4) (which deals with payment of instalments where an employer determination is revoked). Note 1: If there is no instalment payable for a later instalment period, see section 95. Note 2: See section 96 for when the Secretary is taken to have complied with this requirement. (3) Subsection (2) does not require the Secretary to pay the person all or part of an instalment to the extent that the instalment or the part of the instalment has been recovered under section 172 (which deals with debts owing by employers to employees). (4) To avoid doubt, this section applies whether or not the Secretary is required to pay an instalment to the person under subsection 84(4).