36Employer ceasing to exist

36 Employer ceasing to exist (1) A worker may make an application to the County Court for a declaration under this section. (2) The County Court may make a declaration that the employer— (a) being a natural person, has died, or is permanently resident outside the Commonwealth of Australia and its Territories, or cannot after due inquiry and search be found; or (b) being a corporation (other than a company which is an externally-administered body corporate under the Corporations Act) has ceased to exist; or (c) being a company, corporation, society, association or other body (other than a company which is an externally-administered body corporate under the Corporations Act), was, at the time when it commenced to employ the worker, registered as a foreign company under the Corporations Act and is not, at the time of the declaration, so registered; or (d) being a company, is an externally-administered body corporate under the Corporations Act. (3) If a declaration under this section is in force on the application of a worker, the Authority is deemed to be the employer in respect of the liability of the employer to the worker under this Act and at common law or otherwise.