Fair Work Act 2009

An employer must not purport to give a jobkeeper enabling direction under section 789GJA, 789GJB or 789GJC if, at the time when the direction was given:

the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and

the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.

This subsection is a civil remedy provision (see Part 4‑1).

An employer must not purport to give a request under subsection 789GJD(1) if, at the time when the request was given:

the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time; and

the employer knew that, or was reckless as to whether, the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.

This subsection is a civil remedy provision (see Part 4‑1).

An employer must not give information to an eligible financial service provider if:

the information is given in connection with the issue of a 10% decline in turnover certificate that covers the employer for the designated quarter applicable to a particular time; and

the information:

is false or misleading; or

omits any matter or thing without which the information is misleading; and

the employer knows that the information:

is false or misleading; or

omits any matter or thing without which the information is misleading.

This subsection is a civil remedy provision (see Part 4‑1).