sch.38-sec.19Conditions

### sch.38-sec.19 Conditions Payment of assistance under this part is subject to the conditions stated in subsections (2) and (3) . For assistance relating to a category B entity, the entity must, on 31 December 2021, have at least the same number of employees as the entity had on 25 September 2021. For assistance relating to a business collection, the businesses comprising the collection must, on 31 December 2021, have a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. For subsections (2) and (3) , the following persons are to be included as employees of a category B entity or a business that, on 31 December 2021, is part of a business collection— an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 31 December 2021, remains stood down; an employee of the entity or business who, on 31 December 2021, is on leave without pay; an employee of the entity or business who, during the period 25 September 2021 to 31 December 2021, voluntarily ended the employee’s employment with the entity or business. If an applicant receives a part 3 first payment and a part 3 second payment but the condition under subsection (2) or (3) is not satisfied, the applicant must repay the part 3 first payment and part 3 second payment to the authority. sch 38 s 19 ins 2021 SL No. 153 s 5 (sch.38-sec.19-ssec.1) Payment of assistance under this part is subject to the conditions stated in subsections (2) and (3) . (sch.38-sec.19-ssec.2) For assistance relating to a category B entity, the entity must, on 31 December 2021, have at least the same number of employees as the entity had on 25 September 2021. (sch.38-sec.19-ssec.3) For assistance relating to a business collection, the businesses comprising the collection must, on 31 December 2021, have a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021. (sch.38-sec.19-ssec.4) For subsections (2) and (3) , the following persons are to be included as employees of a category B entity or a business that, on 31 December 2021, is part of a business collection— an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 31 December 2021, remains stood down; an employee of the entity or business who, on 31 December 2021, is on leave without pay; an employee of the entity or business who, during the period 25 September 2021 to 31 December 2021, voluntarily ended the employee’s employment with the entity or business. (sch.38-sec.19-ssec.5) If an applicant receives a part 3 first payment and a part 3 second payment but the condition under subsection (2) or (3) is not satisfied, the applicant must repay the part 3 first payment and part 3 second payment to the authority. - (a) an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 31 December 2021, remains stood down; - (b) an employee of the entity or business who, on 31 December 2021, is on leave without pay; - (c) an employee of the entity or business who, during the period 25 September 2021 to 31 December 2021, voluntarily ended the employee’s employment with the entity or business.