11BJurisdiction in which employer is based

11B Jurisdiction in which employer is based

[Section 11B Inserted by No. 82 of 2009, s. 11, Applied:01 Jul 2009]

(1)  For the purposes of this Act, the jurisdiction in which an employer is based is –

(a) the jurisdiction in which the employer's registered business address is located (if the employer has an ABN); or

(b) the jurisdiction in which the employer's principal place of business is located (in any other case).

(2)  If wages are paid or payable in connection with a business carried on by an employer under a trust, the employer's registered business address is the registered business address of the trust or, if the trust does not have an ABN, the registered business address of the trustee of the trust.

(3)  If an employer has registered business addresses located in different jurisdictions at the same point in time, the jurisdiction in which the employer is based at that point in time is the jurisdiction in which the employer's principal place of business is located.

(4)  The jurisdiction in which an employer is based is to be determined by reference to the state of affairs existing during the month in which the relevant wages are paid or payable.

(5)  If more than one jurisdiction would qualify as the jurisdiction in which an employer is based during a month, the jurisdiction in which the employer is based is to be determined by reference to the state of affairs existing on the last day of that month.

(6)  An employer who has neither a registered business address nor a principal place of business is taken, for the purposes of this Act, to be an employer who is not based in an Australian jurisdiction.