Employment Agents Registration Regulations 1995 (SA)

South Australia

Employment Agents Registration Regulations 1995

under the Employment Agents Registration Act 1993

1Short title

These regulations may be cited as the Employment Agents Registration Regulations 1995.

3Interpretation

In these regulations—

Act means the Employment Agents Registration Act 1993;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

spouse—a person is the spouse of another if they are legally married.

4Exemption from Act

Pursuant to section 30(2)(a) of the Act, an organisation or association involved in the administration of a Group Training Scheme jointly funded by the Commonwealth and State Governments for training purposes is exempt from the Act in a case that involves a trainee under the scheme obtaining employment with an employer who is participating in the scheme.

5Exclusion of certain employment contracts

The following class of contracts, arrangements or understandings (not being contracts of service) are excluded from the definition of employment contract under section 3 of the Act, namely contracts, arrangements or understandings where the remuneration payable to the person performing the work equals or exceeds $60 000 per annum.

6Application for licence

1. (1)

   Pursuant to section 7(1)(c)(i) of the Act, the following persons are disqualified from giving a character reference for an applicant for a licence:

   1. (a)

      a person who has, within the previous five years, been convicted of an offence—

      1. (i)

         in connection with the promotion, operation or management of a business; or

      2. (ii)

         involving fraud or dishonesty; or

   2. (b)

      a person who is an associate of the applicant.

2. (2)

   For the purposes of subregulation (1)(b), a person is an associate of an applicant if—

   1. (a)

      they are partners; or

   2. (b)

      they are both involved in the same business; or

   3. (c)

      they are both directors of the same company; or

   4. (d)

      they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

   5. (e)

      one is a spouse, domestic partner, parent, grandparent, child or grandchild of the other.

3. (3)

   Pursuant to section 7(3) of the Act, an applicant that is a body corporate must furnish two character references for the person who is nominated as the manager for the relevant business.

4. (4)

   A character reference must be in the form set out in Schedule 1, or in a form to similar effect.

5. (5)

   For the purposes of section 7(4) of the Act, an application for a licence must be advertised at least once in a newspaper circulating generally throughout the State.

6. (6)

   For the purposes of section 7(8) of the Act, the period of one month is prescribed.

7Application for renewal of a licence

For the purposes of section 9(2) of the Act, the prescribed number of days is 14.

8Registered premises – exemption from notification

The following premises are excluded from the operation of sections 16, 17 and 19 of the Act, namely premises:

1. (a)

   that are located at a place of business of an employer in order to facilitate the employment of people to work at that place; and

2. (b)

   that are used by the employment agent on a temporary basis only, or that are only staffed by the employment agent on a part-time or casual basis.

9Display of fees

A notice under section 19(1) of the Act must be in the form set out in Schedule 2, or in a form to similar effect.

10Provision of information

A statement under section 20(4) of the Act must be in the form set out in Schedule 3, or in a form to similar effect.

11Fees

The fees set out in Schedule 4 are payable as specified in that Schedule.

Schedule 1—Character reference

Schedule 2—Fee schedule

Schedule 3—Schedule of information to successful applicant

Schedule 4—Fees

The following fees are payable:

 

1	Application for a licence under section 7	$12.40
2	Application for the renewal of a licence under section 9	$12.40
3	Late application fee under section 9	$12.40

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Employment Agents Registration Regulations 1995 were revoked by Sch 3 of the Employment Agents Registration Regulations 2010 on 1.9.2010.

  Principal regulations and variations

  Year	No	Reference	Commencement
  1995	225	Gazette 14.12.1995 p1678	14.12.1995: r 2
  2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2
  2005	88	Gazette 26.5.2005 p1487	1.7.2005: r 2
  2006	92	Gazette 15.6.2006 p1732	1.7.2006: r 2
  2007	51	Gazette 26.4.2007 p1410	1.6.2007: r 2
  2007	113	Gazette 7.6.2007 p2448	1.7.2007: r 2
  2008	98	Gazette 5.6.2008 p2049	1.7.2008: r 2
  2009	147	Gazette 4.6.2009 p2634	1.7.2009: r 2
  2010	111	Gazette 10.6.2010 p2904	1.7.2010: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under the Legislation Revision and Publication Act 2002	1.7.2005
  r 3
  domestic partner	inserted by 51/2007 r 15	1.6.2007
  spouse	inserted by 51/2007 r 15	1.6.2007
  r 6
  r 6(2)	varied by 51/2007 r 16	1.6.2007
  Schs 1—3	headings varied by 147/2003 Sch 1	12.6.2003
  Sch 4	varied by 88/2005 r 4	1.7.2005
  substituted by 92/2006 r 4	1.7.2006
  substituted by 113/2007 r 4	1.7.2007
  substituted by 98/2008 r 4	1.7.2008
  substituted by 147/2009 r 4	1.7.2009
  substituted by 111/2010 r 4	1.7.2010

  Historical versions

  1.7.2005

  1.7.2006

  1.6.2007

  1.7.2007

  1.7.2008

  1.7.2009