Employment Agents Amendment Act 1990 (WA)

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WESTERN AUSTRALIA

EMPLOYMENT AGENTS

AMENDMENT ACT

No. 70 of 1990

AN ACT to amend the Employment Agents Act 1976.

[Assented to 22 December 1990.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Employment Agents Amendment

Act 1990.

Commencement

2. This Act shall come into operation on such day as is, or days as

are respectively, fixed by proclamation.

No. 70]

Employment Agents Amendment Act

[1990

Principal Act

3. In this Act the Employment Agents Act 1976* is referred to as

the principal Act.

[*Act No. 10 of 1976 as amended by Act No. 98 of 1985.]

Section 4 amended

4. Section 4 of the principal Act is amended in subsection (1)—

(a)

by inserting before the definition of "employment" the following definitions

"authorized person" means a person authorized by the

Commissioner;

"Commissioner" means the person holding or acting in the office of Commissioner for Consumer Affairs under section 15 of the Consumer Affairs Act 1971;

"Department" has the same meaning as it has in the

Consumer Affairs Act 1971; ";

(b)

in the definition of "inspector" by deleting "appointed under section 11" and substituting the following

designated under section 11B "; and

(c)

by repealing the definitions of "section" and "the Under Secretary".

Section 11 repealed and sections 11, 11A, 11B,

11C, 11D and 11E substituted

5. Section 11 of the principal Act is repealed and the following

sections are substituted

Licensing officer

CC 11. For the purposes of this Act the functions of the

licensing officer shall be performed by the person holding or acting in the office of Commercial Registrar under the Commercial Tribunal Act 1984.

1990]

Employment Agents Amendment Act

[No. 70

Officers

11A.

There shall be appointed under and subject to the

Public Service Act 1978 such officers and other persons as are necessary for the administration of this Act.

Inspectors

11B. The Commissioner may designate any person

referred to in section 11A as an inspector.

Certificate of identity

11C.

The Commissioner shall furnish an inspector with a

certificate signed by the Commissioner certifying that that

person has been designated an inspector.

Inspector subject to Commissioner

11D.

In carrying out the functions conferred on an

inspector by this Act the inspector shall give effect to any

direction given by the Commissioner.

Conduct of proceedings

Subject to the direction of the Commissioner, any proceedings for an offence against this Act may be instituted and conducted by the licensing officer or any inspector on his behalf. ".

11E.

References to Under Secretary amended

6. The principal Act is amended by deleting "Under Secretary" wherever it occurs in the provisions referred to in the Table to this section and substituting in each case the following

1C Commissioner ".

No. 70]

Employment Agents Amendment Act

[1990

TABLE

Section 10 (1) Section 20 (2) Section 24 (5) (b)

Section 46 (1) and (2)

Section 47 (2)

Section 49.

Section 31 (b)

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