Agents Amendment Act 2000 (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Agents Amendment Act 2000

No 9 of 2000

TABLE OF PROVISIONS

Section  

1............ Short title

2............ Commencement

3............ Principal Act

4............ Interpretation

5............ Insertion—

5DA........ Employment agents—interpretation

6............ Employees of agents

7............ Fit and proper person

8............ Register

9............ Insertion—

17A........ Annual reports of board

10............ Natural persons to be licensed

11............ Companies to be licensed

12............ Insertion—

19B........ Licensed employment agents—receipt of remuneration

13............ Insertion—

Division 3AA—Eligibility for grant of employment agent’s licence

47CA........ Eligibility—natural persons

47CB........ Eligibility—companies

14............ Grant or refusal of licence

15............ Issue of licences

16............ Trust money

17............ Application of Division

18............ Accounting records

19............ Receipts

20............ Application

21............ Records of other money

22............ Inspection of bank accounts

23............ Rules of conduct—licensed agents

24............ Insertion—

PART 8A—CODE OF PRACTICE FOR
EMPLOYMENT AGENTS


75A........ Approval of code of practice

75B........ Complying with approved code of practice

25............ Suspension of travel agent’s licence

26............ Notice to bank

27............ Agent not to share commission

28............ Insertion—

105B........ Improper use of title of employment agent

29............ Evidence of licensing

AUSTRALIAN CAPITAL TERRITORY

Agents Amendment Act 2000

No 9 of 2000

An Act to amend the Agents Act 1968

[Notified in ACT Gazette No. 14: 6 April 2000]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Short title

    This Act may be cited as the Agents Amendment Act 2000.

  2. Commencement

  3. Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.

  4. The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.

  5. If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.

  6. Principal Act

    In this Act, “Principal Act” means the Agents Act 1968.1

  7. Interpretation

    Section 5 of the Principal Act is amended—

(a)by omitting from the definition of agent in subsection (1) “or travel agent” and substituting “, travel agent or employment agent”;

(b)by omitting from the definition of business in subsection (1) “or travel agent” and “or 5D” and substituting “, travel agent or employment agent” and “, 5D or 5DA” (respectively);

(c)by omitting from the definition of licence in subsection (1) “or a travel agent” (wherever occurring) and substituting “, a travel agent or an employment agent”; and

(d)by inserting in subsection (1) the following definitions:

“employment agent means a person who, under section 5DA, carries on business as an employment agent.

model includes a person employed—

(a)   to pose for a photographer, or for a painter, sculptor or other artist; or

(b)   to wear and display clothes and other articles to potential customers or the public.

performer means an actor, singer, dancer, musician, acrobat, disc jockey or compere, or any other performer of any kind.”.

  1. Insertion

    After section 5D of the Principal Act the following section is inserted:

“5DA Employment agents—interpretation

  1. A person carries on business as an employment agent if, in the course of carrying on business, the person—

    (a)finds or assists in finding a person to carry out work for a person seeking to have work carried out;

(b)finds or assists in finding employment for a person seeking to be employed; or

(c)holds out or advertises that he or she is prepared to carry on an activity referred to in paragraph (a) or (b).

  1. A person shall not be taken to carry on business as an employment agent only because the person—

    (a)publishes an advertisement placed by or on behalf of some other person who is seeking to have work carried out or to be employed; or

(b)carries out any functions in the course of his or her employment by some other person.

  1. For the purposes of subsection (1) it is immaterial whether the employment or work referred to in that subsection is to be undertaken or carried out pursuant to a contract of employment or otherwise.”.

  2. Employees of agents

    Section 5E of the Principal Act is amended by omitting “or 5D” and substituting “, 5D or 5DA”.

  3. Fit and proper person

    Section 5F of the Principal Act is amended—

(a)by omitting from subsection (1) “and (f) (i) and (ii)” and substituting “, (f) (i) and (ii), (g) (ii) and (h) (i) and (ii)”; and

(b)by omitting from subparagraph (1) (a) (i) “or (f) (i) or (ii)” and substituting “, (f) (i) or (ii), (g) (ii) or (h) (i) or (ii)”.

  1. Register

    Section 7 of the Principal Act is amended—

(a)by omitting from paragraph (1) (c) “and”; and

(b)by adding at the end of subsection (1) the following paragraph:

“(e)the Register of Employment Agents.”.

  1. Insertion

    After section 17, insert the following section:

“17A   Annual reports of board

The report of the board under the Annual Reports (Government Agencies) Act 1995 for a financial year must include—

(a)the number, and an outline of the nature and outcome, of the complaints made to the board during the financial year; and

(b)the name of anyone who was subject to an inquiry completed by the board during the financial year and an outline of the nature and outcome of the inquiry; and

(c)the number of agents given a licence or registered during the financial year; and

(d)an outline of the educational activities undertaken by the board during the financial year to tell consumers about their rights under this Act; and

(e)a list of the names of all employment agents licensed under this Act at any time during the financial year.”.

  1. Natural persons to be licensed

    Section 18 of the Principal Act is amended by omitting the penalty provision at its foot and substituting the following subsection and penalty provision:

  2. A person (other than a company) shall not carry on business as an employment agent unless the person holds an employment agent’s licence.

Maximum penalty:  20 penalty units.”.

  1. Companies to be licensed

    Section 19 of the Principal Act is amended by omitting the penalty provision at its foot and substituting the following subsection and penalty provision:

  2. A company shall not carry on business as an employment agent unless it holds an employment agent’s licence.

Maximum penalty:  20 penalty units.”.

  1. Insertion

    After section 19A of the Principal Act the following section is inserted in Part III:

“19B  Licensed employment agents—receipt of remuneration

  1. A person or company who holds an employment agent’s licence shall not, in connection with carrying on business as an employment agent, demand or receive any fee, charge or other remuneration except from a person for whom the licensee finds, or assists in finding, a person to undertake employment or otherwise to carry out work.

Maximum penalty:  20 penalty units.

  1. This section does not apply in relation to a model or performer .”.

  2. Insertion

    After Division 3A of Part V of the Principal Act the following Division is inserted:

“Division 3AA—Eligibility for grant of employment agent’s licence

“47CA Eligibility—natural persons

A person, other than a company, is eligible for the grant of an employment agent’s licence if—

(a)the person is at least 18 years of age;

(b)the person is not disqualified under subsection 82A (1) or (2) or a corresponding law from holding an employment agent’s licence; and

(c)the person is not disqualified under subsection 82A (3) or a corresponding law from being involved in the direction, management or conduct of an employment agent’s business.

“47CB Eligibility—companies

A company is eligible for the grant of an employment agent’s licence if—

(a)each person involved in the management of the company is at least 18 years of age;

(b)the company is not prohibited by its memorandum of association from carrying on business as an employment agent;

(c)the company is not disqualified under subsection 82A (1) or (2) or a corresponding law from holding an employment agent’s licence; and

(d)no officer of the company is disqualified under subsection 82A (3) or a corresponding law from being involved in the direction, management or conduct of an employment agent’s business.”.

  1. Grant or refusal of licence

    Section 51 of the Principal Act is amended—

(a)by omitting from subparagraph (3) (e) (iii) “or” (last occurring); and

(b)by adding at the end of subsection (3) the following paragraphs:

“(g)in the case of an application for the grant of an employment agent’s licence—the Board has reasonable grounds for believing that—

(i)the applicant is not likely to carry on business as an employment agent honestly and fairly;

(ii)the applicant is in any other way not a fit and proper person to hold an employment agent’s licence; or

(iii)if a person employed or to be employed by the applicant to be in charge of the day to day conduct of the applicant’s business at a particular place were to apply for an employment agent’s licence, the Board would, by virtue of paragraph (b) or (d) or subparagraph (i) or (ii), be entitled to refuse the application; or

(h)in the case of an application by a company for the grant of an employment agent’s licence—the Board has reasonable grounds for believing that—

(i)the reputation of the company is such that it would not be a fit and proper person to hold an employment agent’s licence;

(ii)if a director of, or a person concerned in the management of, the company were to apply for an employment agent’s licence, the Board would, by virtue of paragraph (b), (d) or (g), be entitled to refuse the application; or

(iii)any person (other than an officer of the company) whom the Board has reasonable grounds for believing has control or substantial control of the company is not likely to exercise that control honestly and fairly.”.

  1. Issue of licences

    Section 53 of the Principal Act is amended—

(a)by inserting in subsection (2) “(other than a licence issued to an employment agent)” after “company” (first occurring); and

(b)by inserting in subsection (3) “or employment agent” after “travel agent”.

  1. Trust money

    Section 55 of the Principal Act is amended by adding at the end of subsection (2) “or employment agents”.

  2. Application of Division

    Section 55A of the Principal Act is amended by adding at the end “or employment agents”.

  3. Accounting records

    Section 60 of the Principal Act is amended—

(a)by omitting from subsection (1) “travel agent” and substituting “travel agent or employment agent”;

(b)by inserting after subsection (1A) the following subsection:

“(1B) A licensed employment agent shall keep accounting and other records disclosing the particulars of any money received by the agent in respect of the activity referred to in paragraph 5DA (1) (a), being an activity in respect of which the agent is, by virtue of section 5DA, carrying on business as an employment agent.”;

(c)by omitting from subsection (3) “or (1A)” and substituting “, (1A) or (1B)”; and

(d)by inserting in subsection (3) “or (1B)” after “subsection (1A)”.

  1. Receipts

    Section 61 of the Principal Act is amended by inserting in subsection (1) “or (1B)” after “(1A)”.

  2. Application

    Section 61A of the Principal Act is amended by adding at the end “or employment agents”.

  3. Records of other money

    Section 70 of the Principal Act is amended by omitting from subsection (1) “(1A)” and substituting “(1A) or (1B)”.

  4. Inspection of bank accounts

    Section 71 of the Principal Act is amended—

(a)by omitting from paragraph (1) (a) “travel agent” and substituting “travel agent or employment agent”;

(b)by adding at the end of paragraph (1) (b) “or (1B)”; and

(c)by inserting in subsection (2) “or (1B)” after “(1A)”.

  1. Rules of conduct—licensed agents

    Section 72 of the Principal Act is amended by omitting from subsection (3) “travel agent” and substituting “travel agent or employment agent”.

  2. Insertion

    After Part 8, insert the following Part:

“

Part 8A—CODE OF PRACTICE FOR


EMPLOYMENT AGENTS

“75AApproval of code of practice

  1. The Minister may approve a code of practice for employment agents.

  2. An approval under this section is a disallowable instrument for the Subordinate Laws Act 1989. 

“75BComplying with approved code of practice

 An employment agent must comply with a code of practice approved under section 75A.”.

  1. Suspension of travel agent’s licence

    Section 82 is amended—

(a)by omitting the heading and substituting the following heading:

“82Suspension of travel or employment agent’s licence”;

and

(b)by inserting “or employment agent’s” after “travel agent’s”.

  1. Notice to bank

    Section 85 of the Principal Act is amended—

(a)by inserting in subparagraph (1) (a) (ii) “or (1B)” after “(1A)”; and

(b)by omitting from subparagraph (1) (a) (iii) “(1A)” and substituting “(1A) or (1B)”.

  1. Agent not to share commission

    Section 101 of the Principal Act is amended by omitting from subsection (1) “travel agent” and substituting “travel agent or employment agent”.

  2. Insertion

    After section 105A of the Principal Act the following section is inserted:

“105B Improper use of title of employment agent

  1. A person who is not a licensed employment agent shall not use, in an advertisement or otherwise, words which would reasonably lead to the belief that the person is a licensed employment agent.

Maximum penalty:  10 penalty units.

  1. Without limiting the effect or application of subsection (1), a person who is not a licensed employment agent who—

    (a)places, or suffers or permits to be placed, on a building in which the person’s business is carried on; or

(b)places on a document, as a description of his or her business;

the words ‘employment agent’ or other words that imply that, in the course of carrying on business, the person acts, or is prepared to act, as agent for principals in connection with any activity in respect of which the agent is, by virtue of section 5DA, carrying on business as an employment agent, is guilty of an offence punishable, on conviction, by a maximum fine of 10 penalty units.”.

  1. Evidence of licensing

    Section 119 of the Principal Act is amended by omitting “or a travel agent’s licence” and substituting “, a travel agent’s licence or an employment agent’s licence”.

Endnotes

Act amended

  1. Republished as in force on 1 March 1999.  See also Acts 1999 Nos 33 and 66.

Penalty units

  1. Section 33AA of the Interpretation Act 1967 deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 24 June 1998]

©  Australian Capital Territory 2000

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