559Unclaimed money

559 Unclaimed money

Payment to the Commonwealth

(1) An employer may pay an amount to the Commonwealth if:

(a) the employer was required to pay the amount to an employee under this Act or a fair work instrument; and

(b) the employee has left the employment of the employer without having been paid the amount; and

(c) the employer is unable to pay the amount to the employee because the employer does not know the employee’s whereabouts.

Discharge of employer

(2) Payment of the amount to the Commonwealth is a sufficient discharge to the employer, as against the employee, for the amount paid.

Payment where money later claimed

(3) The Fair Work Ombudsman, on behalf of the Commonwealth, must pay an amount to a person if:

(a) the amount has been paid to the Commonwealth under this section; and

(b) the person has made a claim for the amount in accordance with the form prescribed by the regulations; and

(c) the Fair Work Ombudsman is satisfied that the person is entitled to the amount.

Interest

(3A) If:

(a) an amount is paid to a person under subsection (3) at a particular time; and

(b) the amount is at least $100; and

(c) the amount is attributable to an amount that was paid to the Commonwealth under subsection (1) more than 6 months before that time;

the Fair Work Ombudsman, on behalf of the Commonwealth, must also pay to the person the amount of interest (if any) worked out in accordance with an instrument under subsection (3B).

(3B) The Minister may make an instrument for the purposes of subsection (3A).

(3C) An instrument under subsection (3B) may involve different rates of interest for different periods over which the interest accrues. For this purpose, rate includes a nil rate.

(3D) An instrument made under subsection (3B) is a legislative instrument.

Appropriation of Consolidated Revenue Fund

(4) The Consolidated Revenue Fund is appropriated for the purposes of subsection (3).