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Chapter 5Administration

Part 5-2Office of the Fair Work Ombudsman Division 3Office of the Fair Work Ombudsman

Regulation5.08

Taxation Office Determination means the determination that sets out the amounts that the Commissioner of Taxation considers are reasonable for the purposes of the substantiation exception in Subdivision 900-B of the Income Tax Assessment Act 1997 for domestic travel allowance expenses and reasonable overtime meal allowance expenses, as in force or existing when this regulation commences.

5.08 Form of FWO notice

For the purposes of paragraph 712AC(a) of the Act:

(a) Form 1 of Schedule 5.3 to these Regulations sets out the form of an FWO notice that requires a person to give information to the Fair Work Ombudsman or a specified member of the staff of the Office of the Fair Work Ombudsman; and

(b) Form 2 of Schedule 5.3 to these Regulations sets out the form of an FWO notice that requires a person to produce documents to the Fair Work Ombudsman or a specified member of the staff of the Office of the Fair Work Ombudsman; and

(c) Form 3 of Schedule 5.3 to these Regulations sets out the form of an FWO notice that requires a person to attend before the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman who is an SES employee or an acting SES employee, and answer questions relevant to an investigation.

5.09 Expenses incurred in attending as required by an FWO notice

For the purposes of subsection 712C(1) of the Act, regulations 5.10 to 5.13 set out the allowances payable to a person (the attendee) who attends as required by an FWO notice.

Note: The attendee is not entitled to be paid allowances under section 712C of the Act unless the attendee:

(a) applies, in writing, to the Fair Work Ombudsman for payment of the expenses within 3 months after the attendance; and

(b) provides to the Fair Work Ombudsman sufficient evidence to establish that the attendee incurred the expenses.

5.10 Travelling allowance

(1) The attendee is entitled to a payment (a travelling allowance) towards meeting the expenses that the attendee incurs in travelling between the attendee's place of work or residence (being a place in Australia) and the specified place.

(2) The amount of the travelling allowance is as follows:

(a) if it is reasonable for the attendee to travel by air—the amount that is payable for economy class air travel;

(b) if public transport is available—the amount that the attendee actually and properly pays for the public transport;

Fair Work Regulations 2009

Compilation date: 11/09/2021

82

Compilation No. 36

Registered: 19/10/2021

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