Industrial Arbitration (Theatrical Agents and Employers) Amendment Act 1987 (NSW)

No judgment structure available for this case.

INDUSTRIAL ARBITRATION (THEATRICAL AGENTS AND EMPLOYERS) AMENDMENT ACT 1987 No. 198
NEW SOUTH WALES
TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Principal Act

4. Amendment of Act No. 2, 1940

5. Savings and transitional provisions

6. Amendment of Search Warrants Act 1985 (No. 37), s. 10 (Interpretation)

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL AGENTS AND

EMPLOYERS

SCHEDULE 2—AMENDMENTS RELATING TO PRIVATE EMPLOYMENT

AGENTS

SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND

EMPLOYERS AND PRIVATE EMPLOYMENT AGENTS

SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS

INDUSTRIAL ARBITRATION (THEATRICAL AGENTS AND

EMPLOYERS) AMENDMENT ACT 1987 No. 198

NEW SOUTH WALES

Act No. 198, 1987

An Act to amend the Industrial Arbitration Act 1940 in relation to theatrical agents and employers; and for other purposes. [Assented to 4 December 1987]

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

The Legislature of New South Wales enacts:

Short title
This Act may be cited as the Industrial Arbitration (Theatrical Agents and Employers) Amendment Act 1987.

1.

Commencement

2. This Act shall commence on a day or days to be appointed by proclamation.

Principal Act

3. The Industrial Arbitration Act 1940 is referred to in this Act as the

Principal Act.

Amendment of Act No. 2, 1940

4. The Principal Act is amended as set out in Schedules 1-3.

Savings and transitional provisions

5. Schedule 4 has effect.

Amendment of Search Warrants Act 1985 (No. 37), s. 10 (Interpretation)

6. The Search Warrants Act 1985 is amended by inserting in the definition of "search warrant" in section 10 in alphabetical order of Acts the following matter:

section 152E of the Industrial Arbitration Act 1940;
SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS

(Sec. 4)

(1) Part XIV, heading and Division 1 —
Omit the heading and the heading relating to Division 1, insert instead:
PART XIV

THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE
EMPLOYMENT AGENTS

DIVISION 1—Theatrical agents and employers

Definitions
132. (1) In this Division and Division 3—
"approved" means approved by the Secretary;
"employment" includes an engagement;
3 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued

"licence" means a licence in force under this Division;
"licensee" includes a joint licensee;
"model" includes a mannequin, but does not include a person
employed for the purposes of a parade or still photography;
"personal manager" means a person employed by, or who acts
in partnership with, another person for the purpose of
pursuing the financial benefit of the other person as a

theatrical performer;

"Secretary" means the Secretary of the Department of
Industrial Relations and Employment;

"theatrical agent" means—

(a)

a person who (whether for the purpose of gain or not) carries on, on behalf of theatrical performers, an agency for the employment of theatrical performers; or

(b)

a person who (for the purpose of gain) conducts a service providing information about the availability of theatrical performers for employment,
but does not include a personal manager;
"theatrical employer" means—

(a)

a person who employs any theatrical performer for the purpose of a theatrical enterprise; and

(b) any agent of such a person;
"theatrical enterprise" means—

(a) the giving of a performance or performances in a place
of public entertainment or by the use of any medium
for the transmission of sound or images, or both; or

(b)

the recording of any performance for the purpose of using the recording in a place of public entertainment or for the transmission of sound or images, or both,

and the main purpose of which is the financial benefit of a
theatrical employer or theatrical performer, or both;
"theatrical performer" means any actor, singer, dancer, acrobat, model, musician or performer of any kind employed to give a performance or performances—

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued

(2) A person carries on a theatrical agency—

(a) if the person represents that the person carries on or is prepared to carry on a theatrical agency; or
(b) on any occasion when the person, as the performer's agent, obtains an engagement for a theatrical performer with a theatrical employer.
(3) A person carries on business as a theatrical employer if the person represents that the person carries on or is prepared to carry on business as a theatrical employer.
Theatrical agents and theatrical employers to be licensed
133. (1) A person shall not—

(a)

carry on any theatrical agency, unless the person is the holder of a theatrical agent's licence; or

(b)

carry on business as a theatrical employer, unless the person is the holder of a theatrical employer's licence.
Penalty: 50 penalty units.
(2) The holder of a licence shall not—
(a) carry on a theatrical agency; or
(b) carry on business as a theatrical employer,
at a place other than the place to which the licence relates.
Penalty: 20 penalty units or imprisonment for 3 months.
Exemptions relating to theatrical employers

134. (1) The Minister may by written notice exempt any theatrical employer, for the period specified in the notice, from

the operation of section 133 (1) (b) if the Minister is satisfied that
the business of the theatrical employer is in all respects being
properly carried on.

(2) The Minister may by written notice revoke any exemption given under this section.
Fees etc.
135. (1) A theatrical agent shall not, directly or indirectly—

(a)

demand or receive for or in respect of the engagement of a theatrical performer any fee, charge or other remuneration if it, or it and all other fees, charges and other remuneration received by that theatrical agent (and any other theatrical agent concerned) for the engagement of the performer, exceeds or exceed 10 per cent of the amount payable to the performer in respect of the engagement;
5 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued

(b) take or accept any article in payment (or as security for the payment) of fees, charges or other remuneration or receive or accept any reward or other consideration in addition to the fees, charges and other remuneration referred to in paragraph (a);
(c) keep as a lodger any person seeking employment as a theatrical performer, or have any share or interest in the keeping of a lodging-house for any such person; or
(d) give or pay to any theatrical employer, or to the foreman of any theatrical employer, for or in respect of the engagement of any theatrical performer, any share or part of the fees, charges or other remuneration referred to in paragraph (a),

and no such employer or foreman shall directly or indirectly take or receive from any such theatrical agent any share or part of any such fees, charges or other remuneration.
Penalty: 20 penalty units or imprisonment for 3 months.

(2) Any money or anything else received or given in contravention of this section, may, whether or not a penalty for the contravention is imposed, be ordered by an industrial magistrate—

(a) to be forfeited to the Crown; or
(b) if the money or other thing was taken under duress exercised by the person receiving it, to be repaid or
redelivered to the person from whom it was taken.

(3) The fact that any person (who resides with and is related to a theatrical agent)—

(a) keeps any persons seeking employment as theatrical performers as lodgers; or
(b) keeps any lodging-house for persons seeking that kind of employment,

shall be prima facie evidence that the theatrical agent keeps those persons as lodgers or has an interest in the keeping of the lodging- house.
(4) Every contract or agreement made between—

(a)

any theatrical agent or person who resides with and is related to a theatrical agent; and

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued
(b) any other person,

relating to the keeping as lodgers of persons seeking employment as theatrical performers, or to the keeping of a lodging-house for such persons, shall be void for all purposes.
False statements by theatrical agents
136. A theatrical agent shall not publish or cause to be published any false information or make any false promise concerning work or employment to anyone who applies to the agent for employment as a theatrical performer.

Penalty: 10 penalty units or imprisonment for 3 months.

Conviction to be endorsed on licence
137. (1) Every conviction under this Division against the holder of a licence shall be endorsed on the licence—

(a) if the prosecution is brought before an industrial magistrate—by the industrial magistrate; and
(b) if the prosecution is brought before the commission—by the commission.

(2) The industrial magistrate or commission may order the defendant to deliver up his or her licence for endorsement.
(3) If the holder of a licence—
(a) fails to deliver up the licence for endorsement; or

is convicted of a further offence within 3 years of the first the licence shall be cancelled, and the registrar shall notify the conviction,
(b)

Secretary for that purpose.
Remittance advice
138. (1) A holder of a theatrical agent's licence who has obtained employment for a theatrical performer shall, forthwith after receipt of any payment from a theatrical employer in respect of the employment, send to the performer advice of—

(a)

the amounts received by the agent in respect of the employment; and
(b) such other particulars as may be prescribed.

(2) A theatrical agent shall retain a copy of any advice sent under this section for a period of 6 years from the date on which the advice is sent.

Penalty: 10 penalty units or imprisonment for 3 months.

7 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued

Application for theatrical agent's licence or theatrical employer's licence
139. (1) A person may apply to the Secretary for the issue or renewal of a licence.
(2) An application shall—
(a) be in the approved form;

(b) identify the place at which the applicant intends to carry on—
(i) in the case of an application for a theatrical agent's licence—the theatrical agency; and
(ii) in the case of an application for a theatrical employer's licence—the business of a theatrical employer;

(c)

in the case of an application for a theatrical agent's licence, be accompanied by an approved bond or bank guarantee to secure the payment of up to $10,000 to the Secretary to compensate for losses to which section 145 relates suffered during the currency of the licence, if granted;

(d)

state whether or not the applicant already holds any licence;
(e) be accompanied by the approved fee; and
(1) be lodged at the office of the Secretary.

(3) If a licence is required for more than one place of business, place shall be lodged with the Secretary.

a separate application for the grant of a licence in respect of each
Investigation of applications
140. (1) The Secretary may cause such inquiries to be made as, in the opinion of the Secretary, are necessary to ensure that—

(a) the applicant for a licence is a fit and proper person to hold the licence; and
(b) the place identified in the application meets the prescribed requirements for places at which a theatrical agency or the business of a theatrical employer may be carried on.

(2) The Secretary may refer an application for a licence to an industrial magistrate for inquiry or request a report from the Commissioner of Police as to whether or not—
(a) the applicant for the licence;

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued

(b)

a proposed partner of the applicant for the licence in the agency or business for which the licence is applied for;

(c)

a director of a corporation that is an applicant for a licence; or

(d)

a director of a corporation that is a proposed partner of an applicant for a licence in the agency or business for which the licence is applied for,

is, or if he or she were the applicant would be, a fit and proper
person to be the holder of a licence.
(3) The industrial magistrate to whom an application is referred shall consider whether the applicant or other person concerned is, from his or her character and previous conduct, a fit and proper person to hold a licence and shall give the Secretary a recommendation on the application.
(4) In conducting an inquiry under this section, an industrial magistrate has the same powers, authorities, duties and functions as if the magistrate were sitting in a Local Court and the inquiry were a matter for hearing and determination in the Local Court.
(5) The applicant and all persons who in the manner prescribed notify their objection to the issue or renewal of a licence shall be given notice of the inquiry and are entitled to be heard personally or by counsel, attorney or agent.
(6) The Commissioner of Police shall cause to be made such
inquiries as the Commissioner considers necessary to comply with
a request made under this section and shall give a report of the

result of the inquiries to the Secretary.
Determination of application
141. (1) The Secretary shall determine the application—

(a)

by granting a licence to the applicant, either unconditionally or subject to conditions; or
(b) by refusing to grant a licence to the applicant.
(2) The Secretary shall not grant a licence unless the Secretary

is satisfied—
(a) that—
9 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued
(iii) each proposed partner (if any) of the applicant in carrying on the theatrical agency or the business of a theatrical employer; and
(iv) if any such proposed partner is a corporation—each director of the corporation,

is a fit and proper person to hold the licence;
(b) that—
(i) if the applicant is a natural person—the applicant;
(ii)  if the applicant is a corporation—each director of the corporation;
(iii)  each proposed partner (if any) of the applicant in carrying on the theatrical agency or the business of a theatrical employer who is a natural person; and
(iv)  if any such proposed partner is a corporation—each director of the corporation,

is of or above the age of 18 years;

(c)

that the place at which the applicant carries on or intends to carry on the theatrical agency or the business of a theatrical employer meets the prescribed requirements for such a place;

(d)

in the case of an application for a theatrical agent's licence, that—
(i) the applicant;

(ii) if the applicant is a corporation—a director of the corporation;
(iii) a proposed partner (if any) of the applicant in carrying on the theatrical agency; and
(iv) if any such proposed partner is a corporation—a director of the corporation,
does not hold a theatrical employer's licence; and

(e)

in the case of an application for a theatrical employer's licence, that—
(i) the applicant;
(ii) if the applicant is a corporation—a director of the corporation;
(iii) a proposed partner (if any) of the applicant in carrying on the business of a theatrical employer; and

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued
(iv) if any such proposed partner is a corporation—a director of the corporation,

does not hold a theatrical agent's licence.

(3) In considering whether a person is a fit and proper person to hold a licence, the Secretary shall—

(a) in the case of a natural person, have regard to the character of the person;
(b) have regard to any recommendation relating to the person made by an industrial magistrate or any report given by the Commissioner of Police;
(c) have regard to whether the person has, during the period of 10 years preceding the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence involving fraud or dishonesty; and
(d) have regard to any other matter the Secretary considers relevant.

(4) If the Secretary refuses to grant a licence, the Secretary shall, as soon as practicable after doing so, cause written notice of the refusal, and of the reason for the refusal, to be served personally or by post on the applicant for the licence.
(5) In the case of an application made by more than one person, it is sufficient if the notice is served on any one of the applicants.
(6) If, at the expiration of 90 days after an application has been
made, the Secretary has failed to determine the application, the

Secretary shall, for the purposes of any appeal, be deemed to have refused to grant a licence to the applicant.

Conditions of issue of theatrical employer's licences relating to security deposits etc.

142. The Secretary may, as a condition of the issue of a theatrical employer's licence, require the deposit with the Secretary on prescribed terms of an amount of money determined by the Secretary or the giving of some other approved security to secure—

(a)

the payment of salaries or wages owed to theatrical performers or employees; and
11 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued

Form of licences
143. A licence shall—
(a) be in the approved form;

(b)

identify the person or, if the licence is granted to more than one person, the persons to whom the licence is granted;

(c)

designate the place at which the theatrical agency or business of a theatrical employer will be carried on by the licensee, as identified in the application for the licence;
(d) specify any conditions to which the licence is subject; and
(e) specify the date on which the licence is granted.

Duration of licences
144. A licence remains in force for the period of 12 months from the date on which it is granted and may be renewed from time to time.
Licensee to exhibit licence etc.
144A. The holder of a licence shall exhibit at the place specified in the licence—
(a) the licence; and

(b)

a notice in the prescribed form containing the prescribed particulars,

so as to be clearly visible to persons entering the place.
Penalty: 10 penalty units or imprisonment for 3 months.

Registers to be kept by theatrical agents

144B. (1) The holder of a theatrical agent's licence shall keep as prescribed—

(a) a register in which shall be entered—

(i) the age, sex, occupation, name and address of every person who applies to the licensee for employment as a theatrical performer; and
(ii) the name and nature of the employment required by the person;

(b)

a separate register in which shall be entered the name and address of every person who so applies for a theatrical performer and the name and nature of the employment

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued

(d)

the originals of all letters received by the licensee, or by the agents or employees of the licensee, in connection with the agency for 2 years after their receipt.

(2) The registers and letters referred to in this section shall, at
all reasonable hours, be open to inspection and examination by—
(a) any industrial inspector;

(b) any officer of an industrial union of employees, authorised in writing in that behalf by the registrar; and
(c) any officer of the Department authorised in writing in that behalf by the Secretary.

(3) A register shall be retained by the licensee for a period of 6 years from the date in which the last entry is made in the register.
(4) A licensee shall not make or cause to be made any false entries in a register kept under this section.

Penalty: 20 penalty units or imprisonment for 3 months.

Registers to be kept by Secretary
144c. (1) The Secretary shall keep a register, in such form as the Secretary determines, of the issue of licences under this Division and shall record in the register in respect of each licence—
(a) the matters required to be specified in the licence;

(b)

particulars of any fees paid, or due but not paid, in respect of the licence;

(c) particulars of any amendment of the licence;

(d)

particulars of any cancellation or suspension of the licence; and
(e) such other matters as may be prescribed.

(2) The Secretary shall keep a register, in such form as the Secretary determines, containing—

(a)

if the Secretary causes a notice of suspension to be served on the licensee under section 145, a note to that effect;

(b)

if the Secretary causes a notice of cancellation to be served on a licensee on the ground that the licensee or some other
13 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued

(c) particulars of the result of any appeal against the cancellation of a licence on that ground.
(3) The Secretary may make such alterations in the registers required to be kept under this section as are necessary to ensure that the matters recorded in respect of any licence or person are accurate.
Cancellation of licence
144D. (1) The Secretary may cancel a licence if the Secretary is satisfied—
(a) that the licence has been improperly obtained;

(b) that a licensee or a director of a corporation that is a licensee made a statement in or in connection with the application for the grant of the licence that was false or misleading in a material particular;
(c) that the licensee is not a fit and proper person to continue to be the holder of the licence;
(d) that a director of a corporation that is a licensee would not, if the director were the holder of the licence, be a fit and proper person to be the holder of the licence;
(e) that a partner, or a director of a corporation which is a partner, of the licensee would not, if the partner or director were the holder of the licence, be a fit and proper person to be the holder of the licence;
(f) that the business of the licensee has not been or is not

being properly conducted;
(g) that the place to which the licence relates does not, or has ceased to, meet the prescribed requirements for a place at which a theatrical agency or the business of a theatrical employer may be carried on;
(h) that the conditions (if any) imposed on the licence have not been complied with; or
(i) that a licensee has been convicted of an offence against this Part.

(2) In determining whether a licensee is a fit and proper person to continue to hold a licence the Secretary shall take into account any representations made in that respect by the Theatrical Agencies, Employers and Performers Advisory Committee established under the regulations.

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued

(3) If the Secretary proposes to cancel a licence, the Secretary shall, except where—

(a)

a request has been made by the licensee or all of the joint licensees for the cancellation; or
(b) the Secretary is satisfied—
(i) that the licensee, being a natural person, has died;
(ii) that a partnership being carried on by joint licensees has been dissolved; or
(iii) that the licensee, being a corporation, has been wound up,

give the licensee a written notice setting forth the reasons for the proposed cancellation and requiring the licensee, within such period as is specified in the notice, to show cause why the licence should not be cancelled.
(4) If, upon the expiration of the period specified in any such notice, or of such further period as the Secretary may allow, the Secretary cancels a licence, the Secretary shall cause written notice of the cancellation, and of the reasons for it, to be served personally or by post on the licensee.
(5) In the case of a licence issued to joint licensees, it is sufficient if the notice of cancellation is served on any one of the joint licensees.
(6) The cancellation of a licence takes effect upon the expiration
of 21 days after the day on which the notice of cancellation is

served.
(7) If a licensee appeals against the cancellation of the licence, the cancellation shall have effect—

(a)

only if the commission confirms the cancellation or if the appeal is withdrawn; and

(b)

on the day on which the commission confirms the cancellation, or such later day as the commission orders or, if the appeal is withdrawn, on the day on which it is withdrawn.
(8) A person who was the holder of a licence and who, upon
15 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL
AGENTS AND EMPLOYERS—continued

(9) A person who was a joint licensee is not guilty of an offence referred to in subsection (8) if another of the persons who were joint licensees delivers the licence to the Secretary.
Bonds and guarantees for theatrical agents
145. (1) If a theatrical performer suffers loss by reason of any act by or omission of the holder of a theatrical agent's licence, the Secretary may—

(a) realise the money secured by the bond or bank guarantee lodged with the Secretary by the theatrical agent in relation to the licence held by the agent;
(b) apply the money to assist any theatrical performer who has suffered loss by reason of any act or omission by the theatrical agent; and
(c) require the theatrical agent to lodge with the Secretary, within the time specified in writing by the Secretary, a further approved bond or bank guarantee for the same amount and of the same nature.
(2) If a licensee fails to lodge a further approved bond or bank guarantee within the time specified, the Secretary may suspend the licence until—
(a) such time as the required bond or guarantee is lodged; or
(b) the licence expires,
whichever is the earlier.

(3) Before suspending the licence, the Secretary shall give the holder of the licence an opportunity of showing cause why the Secretary should not suspend the licence for failure to lodge the bond or guarantee.
(4) The Secretary shall cause notice of a suspension under this section, and of the date on which it is to take effect, to be served personally or by post on the licensee.
(5) In the case of a licence issued to joint licensees, it is sufficient if the notice of suspension is served on any one of the joint licensees.

Industrial Arbitration (Theatrical Agents and Employers) Amendment J987

SCHEDULE 1—AMENDMENTS RELATING TO THEATRICAL

AGENTS AND EMPLOYERS—continued

(7) When the suspension of a licence has effect, the former holder of the licence shall, as soon as practicable, deliver it to the Secretary.
Penalty (subsection (7)): 20 penalty units or imprisonment for 3 months.

(2) Part XIV, Division 2 (sections 136-145)—

Omit the Division.

SCHEDULE 2—AMENDMENTS RELATING TO PRIVATE

EMPLOYMENT AGENTS

(Sec. 4)

(1) Part XIV, Division 2, heading—
Omit the heading to Division 2A, insert instead:
DIVISION 2—Private employment agents

(2) Section 145A (Definitions)—
After the definition of "regulation", insert:
"Secretary" means Secretary of the Department of Industrial
Relations and Employment.

(3) Section 1 4 5 D —
Omit the section, insert instead:
Private employment agents to be licensed

145D. (1) A person who carries on the business of a private other remuneration in respect of the business unless the person is

employment agent shall not demand or receive any fee, charge or

the holder of a licence.
Penalty: 50 penalty units.
(2) The holder of a licence shall not carry on the business of a
private employment agent at a place other than the place to which
the licence relates.
Penalty: 20 penalty units.

(4) Sections 1 4 5 E - 1 4 5 H , 1 4 5 K - 1 4 5 M , 145O, 145R—
Omit "Under" wherever occurring.
17 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 2—AMENDMENTS RELATING TO PRIVATE
EMPLOYMENT AGENTS—continued

(b) Section 145E (6)—
Omit "Division", insert instead "Part".
(c) Section 145E (6)—
After "fit", insert "and proper".
(d) Section 145E (9)—
Omit "$500", insert instead "20 penalty units".

(6) Section 145G (Inquiries and objections)—
Section 145G (1)—
After "fit", insert "and proper".

(7) Section 145GA—
After section 145G, insert:
Referral of application to industrial magistrate
145GA. (1) The Secretary may refer an application for a licence to an industrial magistrate for inquiry as to whether or not—
(a) an applicant for the licence;

(b) a proposed partner of the applicant for the licence in the
business in respect of which the licence is applied for;

(c) a director of a corporation that is an applicant for the
licence;

(d) a director of a corporation that is a proposed partner of

an applicant for the licence in the business in respect of
which the licence is applied for; or

(e) a person whose appointment as a person in charge has
been notified under section 145E,

is a fit and proper person to hold a licence.
(2) The industrial magistrate to whom an application is referred shall consider whether the applicant or other person concerned is, from his or her character and previous conduct, a fit and proper person to hold a licence and shall give the Secretary a recommendation on the application.
(3) In conducting an inquiry under this section, an industrial magistrate has the same powers, authorities, duties and functions as if the magistrate were sitting in a Local Court and the inquiry were a matter for hearing and determination in the Local Court.

70910-21608—110

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 2—AMENDMENTS RELATING TO PRIVATE
EMPLOYMENT AGENTS—continued

(4) The applicant and all persons who in the manner prescribed notify their objection to the issue or renewal of a licence shall be given notice of the inquiry and are entitled to be heard personally or by counsel, attorney or agent.

(8) Section 145H (Disposal of applications for licences)—

(a) Section 145H (2) (c), (3)— After "fit" wherever occurring, insert "and proper".
(b)
Section 145H (3)— person furnished under section 145GA".

(9) Section 145i (Persons from whom licensees may seek remuneration)— Omit "$500", insert instead "20 penalty units".

(10) Section 145L (Notice of changed particulars)—

Section 145L (4)—
Omit "$500", insert instead "20 penalty units".

(11) Section 145M (Cancellation of licence)—

(a) Section 145M (2) (b)-(e)—
After "fit" wherever occurring, insert "and proper".
(b) Section 145M (8)—

Omit " 1 4 5 N " , insert instead "151".
(c) Section 145M (8) (a)—

Omit "the industrial magistrate hearing the appeal", insert instead
"the commission".

(d)
Section 145M (8) (b)— "commission".

(e) Section 145M (10)—
Omit "$500", insert instead "20 penalty units".

(12) Section 145N (Appeals)—

Omit the section.
19 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 2—AMENDMENTS RELATING TO PRIVATE
EMPLOYMENT AGENTS—continued

(14) Section 145P (Performance of Under Secretary's functions)—
Omit the section.

(15) Section 145R (Offences by licensees)—
Section 145R (1)—
Omit "$500", insert instead "20 penalty units".

SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT

AGENTS

(Sec. 4)

(1) Section 39 (Definitions)—
After "an Act", insert "or section 152 (4) of this Act".

(2) Section 145R (Offences by licensees)—
Section 145R (2)—
Omit the subsection.

(3) Sections 146-148—
Omit the sections, insert instead:
Definitions
146. In this Division—
"Department" means Department of Industrial Relations and

Employment;

"licence" means licence in force under this Part.
Former holder of licence not qualified to obtain licence
147. A person whose licence has been cancelled (except at the person's own request) shall not be entitled to hold a licence of the same type until one year after the date of cancellation.
Production of licence
148. A licensee shall not be entitled to recover fees, charges or other remuneration in a court unless the licensee produces his or her licence to the court.

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT
AGENTS—continued

(5)

Sections

1 4 9 A - 1 5 2 F —

Omit sections 150-152, insert instead:
Loss or destruction of licence
149A. On satisfactory proof of loss or destruction of a licence, the Secretary may, at the request of the licensee, issue a duplicate licence, and the duplicate shall for all purposes be treated as if it were the original licence.
Offences by corporations
150. (1) If a corporation contravenes any provision of this Part or a regulation made under it, each person who is a director of the corporation or who is concerned in the management of the corporation shall be deemed to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.
(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Part or the regulations.
Appeals
151. (1) An applicant for the grant of a licence may appeal to
the commission against the refusal by the Secretary to grant the

licence.
(2) A licensee may appeal to the commission against the cancellation by the Secretary of the licence.
(3) If an application for the grant of a licence made by more than one person is refused or a licence held by more than one person is cancelled, an appeal under this section against the refusal or cancellation may be made by any of the applicants or licensees, as the case may be, on behalf of all of the applicants or licensees, or by all of the applicants or licensees jointly, but not otherwise.
(4) Notice of an appeal under this section, specifying the grounds of appeal, shall be lodged with the registrar not later than 21 days after—

(a)

in the case of an appeal against a refusal to grant a licence, the day of service of the notice of refusal; and
21 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT

AGENTS—continued

(b) in the case of an appeal against a cancellation of a licence, the day of service of the notice of cancellation.
(5) The registrar shall give notice of the time and place of the hearing of an appeal under this section to the Secretary and to the person or persons appealing and shall state in the notice to the Secretary the grounds of the appeal.
(6) The hearing of an appeal may proceed even though—

(a)

a notice of the time and place of the hearing of the appeal contains an omission or error; or
(b) the registrar fails to give such notice,
if the commission is satisfied that any person appealing and the Secretary had knowledge of the time and place of the hearing and were not prejudiced by the omission, error or failure.
(7) If relevant—

(a) a recommendation given to the Secretary by an industrial magistrate under section 140 or 145GA; and
(b) a report furnished to the Secretary by the Commissioner of Police under section 140 or 145G (1),
and certified by the Secretary to have been so given or furnished shall be received in proceedings before the commission under this section as evidence of the contents of the recommendation or report.

(8) The commission shall hear and determine an appeal made to it under this section and may confirm or disallow the refusal
or cancellation appealed against.
(9) If a licence is refused or cancelled on the ground that a person is not a fit and proper person to be or continue to be the holder of a licence, the commission shall determine whether or not that person is a fit and proper person to be or continue to be the holder of a licence.
(10) The decision of the commission in respect of an appeal made under this section shall be final and shall be binding on the person or persons appealing and on the Secretary, who shall take such steps as may be necessary to give effect to the decision.

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT

AGENTS—continued

Proceedings for offences
152. (1) Proceedings for an offence against this Part or the regulations made under it may be taken only by a person acting with the authority of the Minister.
(2) In proceedings for an offence against this Part or the regulations made under it, a consent to institute the proceedings, purporting to be signed by the Minister, shall be evidence of that consent without proof of the signature of the Minister.
(3) Except as provided by subsection (4), proceedings for an offence against this Part or the regulations made under it shall be disposed of summarily before an industrial magistrate.
(4) Proceedings for an offence against section 133 (1) or 145D
(l) shall be prosecuted before the commission.
Order for payment of money owed etc.
152A. (1) If during the course of proceedings before the

commission for an offence against section 133 (1) or 145D (1), it
appears to the commission that—

(a)

money is due to a theatrical performer from a person who has carried on any theatrical agency or business as a theatrical employer without a licence under Division 1; or

(b)

a person who has carried on the business of a private employment agent without a licence under Division 2 has demanded and received any fee, charge or other remuneration from a person seeking to be employed,

the commission may make an order requiring the unlicensed person concerned to pay the money due to the theatrical
performer or to refund the fee, charge or other remuneration
received.

(2) An appeal lies to the commission in court session from any order of the commission under this section.

(3) Section 120 applies to an appeal from an order of the commission under this section to the commission in court session in the same way as it applies to an appeal from an order of an industrial magistrate to the commission.
Copy of entries in registers to be evidence

1 52B. A copy of any entry in any of the registers required to
23 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT

AGENTS—continued

(b) by-
(i) any industrial inspector;
(ii) any officer of an industrial union of employees; or

(iii) any officer of the Department authorised by the Secretary in that behalf,
who made the copy,

shall be prima facie evidence of the truth of the matters stated in
the copy.
Performance of Secretary's functions
152c. (1) Anything authorised or required by or under this Part to be done by, lodged with or paid to the Secretary may be done by, lodged with or paid to any officer of the Department who is authorised generally or specially in writing by the Secretary in that behalf.
(2) Anything purporting to have been done by, lodged with or paid to an officer so authorised shall be deemed to have been done by, lodged with or paid to the Secretary.
Right of entry and inspection
152D. (1) An industrial inspector, an officer of an industrial union of employees in respect of whom an authority is in force under section 129A or any other officer of the Department who is authorised in writing by the Secretary to do so may—

(a) enter any place to which a licence relates where the inspector or officer believes, on reasonable grounds, a

provision of this Part or the regulations made under this Part has been, or is being, contravened; and
(b) request a person to produce for examination any books, papers, records or remittance advice required to be kept, made or given under this Part by the person.
(2) An inspector may not exercise the powers conferred by this section in relation to a dwelling except—
(a) with the permission of the occupier of the dwelling; or

(b)

under the authority conferred by a search warrant issued under section 1 52E.
Search warrants

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT

AGENTS—continued

(b) a justice of the peace employed in the Attorney General's Department.
(2) An inspector may apply to an authorised justice for the issue of a search warrant if the inspector has reasonable grounds for believing that a provision of this Part or the regulations made under it has been or is being contravened in any dwelling.
(3) An authorised justice to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant, when accompanied by a member of the police force—
(a) to enter the dwelling; and

(b) to search the dwelling for evidence of a contravention of this Part or the regulations.
(4) Part III of the Search Warrants Act 1985 applies to a search
warrant issued under this section. unions of employees and authorised officers
152F. (1) A person shall not fail without reasonable excuse,

proof of which shall lie on the person, to produce for examination
at the request of—

(a) an industrial inspector;

(b)

an officer of an industrial union of employees referred to in section 1 52D; or

(c) an officer authorised under section 152D by the Secretary,
any book, paper, record or remittance advice required to be kept
or made or given by the person under this Part.
Penalty: 20 penalty units.
(2) A person is not guilty of an offence against this Act because
of a failure referred to in subsection (1) unless it is established that
the inspector or officer concerned—

(a)

identified himself or herself as an inspector or officer to the person; and
(b) warned the person that the failure is an offence.
25 Act No. 198

Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987

SCHEDULE 3—AMENDMENTS RELATING TO THEATRICAL AGENTS AND EMPLOYERS AND PRIVATE EMPLOYMENT

AGENTS—continued

(b) Section 153 (1) (d)—
Omit "and holders of permits".
(c)
Section 153 (1) (e)— agent's business".

(d) Section 153 (1) (h)—
Omit the paragraph, insert instead:

(h)

regulating the use of bonds and guarantees given by applicants for licences and prescribing the manner in which, and the conditions on which, amounts secured or deposited under this Part may be applied by the Secretary;

(e) Section 153 (1)—
Omit "$500", insert instead "20 penalty units".

SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS

(Sec. 5)

Continuation in force of theatrical agent's licences and theatrical employer's permits

1. (1) In this clause, references to sections shall be read as references to sections of

the Principal Act.

(2) Despite anything in the Principal Act, as amended by this Act, if—
(a) the holder or holders of a theatrical agent's licence; or
(b) the holder or holders of a theatrical employer's permit,

theatrical agent's licence or theatrical employer's licence under section 139 (as inserted	in force under section 138 at the commencement of this clause applies or apply for a
by this Act) within 28 days after that commencement, the holder or holders may (subject to subclause (3))—

(c) carry on a theatrical agency as if the licence; or
(d) carry on the business of a theatrical employer as if the permit,

were still in force until the application is determined.

(3) While a licence or permit continues in force under this clause, the Principal Act, as in force immediately before the commencement of this clause, applies to and in respect of the holder of the licence or permit.

(4) A person is not guilty of an offence under Division 1 of Part XIV of the Principal
Industrial Arbitration (Theatrical Agents and Employers) Amendment 1987
SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS—continued
Saving of existing theatrical employers exemptions
2. An exemption granted under section 137 (4) of the Principal Act that is in force at the commencement of this clause shall, on that commencement, be deemed to be an exemption granted under section 134 of that Act as inserted by this Act.
Regulations
3. (1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A provision made under subclause (1) may take effect as from the date of assent to this Act or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication in the Gazette; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication in the Gazette.
(4) A provision made under subclause (1) shall, if the regulations expressly so provide, have effect notwithstanding any other clause of this Schedule.

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Industrial Arbitration (Theatrical Agents and Employers) Amendment Act 1987 (NSW)

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(a)	a person who (whether for the purpose of gain or not) carries on, on behalf of theatrical performers, an agency for the employment of theatrical performers; or
(b)	a person who (for the purpose of gain) conducts a service providing information about the availability of theatrical performers for employment,

(a)	the giving of a performance or performances in a place
of public entertainment or by the use of any medium for the transmission of sound or images, or both; or
(b)	the recording of any performance for the purpose of using the recording in a place of public entertainment or for the transmission of sound or images, or both,

(a)	if the person represents that the person carries on or is prepared to carry on a theatrical agency; or
(b)	on any occasion when the person, as the performer's agent, obtains an engagement for a theatrical performer with a theatrical employer.

(a)	carry on any theatrical agency, unless the person is the holder of a theatrical agent's licence; or
(b)	carry on business as a theatrical employer, unless the person is the holder of a theatrical employer's licence.

134. (1) The Minister may by written notice exempt any theatrical employer, for the period specified in the notice, from	the operation of section 133 (1) (b) if the Minister is satisfied that
the business of the theatrical employer is in all respects being properly carried on.
(2) The Minister may by written notice revoke any exemption given under this section.
Fees etc.

(b)	take or accept any article in payment (or as security for the payment) of fees, charges or other remuneration or receive or accept any reward or other consideration in addition to the fees, charges and other remuneration referred to in paragraph (a);
(c)	keep as a lodger any person seeking employment as a theatrical performer, or have any share or interest in the keeping of a lodging-house for any such person; or
(d)	give or pay to any theatrical employer, or to the foreman of any theatrical employer, for or in respect of the engagement of any theatrical performer, any share or part of the fees, charges or other remuneration referred to in paragraph (a),

(a) to be forfeited to the Crown; or (b) if the money or other thing was taken under duress	exercised by the person receiving it, to be repaid or
redelivered to the person from whom it was taken.

(a)	keeps any persons seeking employment as theatrical performers as lodgers; or
(b)	keeps any lodging-house for persons seeking that kind of employment,

(a)	if the prosecution is brought before an industrial magistrate—by the industrial magistrate; and
(b)	if the prosecution is brought before the commission—by the commission.

(c)	in the case of an application for a theatrical agent's licence, be accompanied by an approved bond or bank guarantee to secure the payment of up to $10,000 to the Secretary to compensate for losses to which section 145 relates suffered during the currency of the licence, if granted;
(d)	state whether or not the applicant already holds any licence;

(a)	the applicant for a licence is a fit and proper person to hold the licence; and
(b)	the place identified in the application meets the prescribed requirements for places at which a theatrical agency or the business of a theatrical employer may be carried on.

(b)	a proposed partner of the applicant for the licence in the agency or business for which the licence is applied for;
(c)	a director of a corporation that is an applicant for a licence; or
(d)	a director of a corporation that is a proposed partner of an applicant for a licence in the agency or business for which the licence is applied for,

(c)	that the place at which the applicant carries on or intends to carry on the theatrical agency or the business of a theatrical employer meets the prescribed requirements for such a place;
(d)	in the case of an application for a theatrical agent's licence, that—

(ii)	if the applicant is a corporation—a director of the corporation;
(iii)	a proposed partner (if any) of the applicant in carrying on the theatrical agency; and
(iv)	if any such proposed partner is a corporation—a director of the corporation,

(a)	in the case of a natural person, have regard to the character of the person;
(b)	have regard to any recommendation relating to the person made by an industrial magistrate or any report given by the Commissioner of Police;
(c)	have regard to whether the person has, during the period of 10 years preceding the making of the application, been convicted of, or served any part of a term of imprisonment for, an offence involving fraud or dishonesty; and
(d)	have regard to any other matter the Secretary considers relevant.

Secretary shall, for the purposes of any appeal, be deemed to have	refused to grant a licence to the applicant.
Conditions of issue of theatrical employer's licences relating to security deposits etc.
142. The Secretary may, as a condition of the issue of a theatrical employer's licence, require the deposit with the Secretary on prescribed terms of an amount of money determined by the Secretary or the giving of some other approved security to secure—

(b)	identify the person or, if the licence is granted to more than one person, the persons to whom the licence is granted;
(c)	designate the place at which the theatrical agency or business of a theatrical employer will be carried on by the licensee, as identified in the application for the licence;

(b)	any officer of an industrial union of employees, authorised in writing in that behalf by the registrar; and
(c)	any officer of the Department authorised in writing in that behalf by the Secretary.

(b)	particulars of any fees paid, or due but not paid, in respect of the licence;
(c) particulars of any amendment of the licence;
(d)	particulars of any cancellation or suspension of the licence; and

(a)	if the Secretary causes a notice of suspension to be served on the licensee under section 145, a note to that effect;
(b)	if the Secretary causes a notice of cancellation to be served on a licensee on the ground that the licensee or some other

(a)	only if the commission confirms the cancellation or if the appeal is withdrawn; and
(b)	on the day on which the commission confirms the cancellation, or such later day as the commission orders or, if the appeal is withdrawn, on the day on which it is withdrawn.

(a)	realise the money secured by the bond or bank guarantee lodged with the Secretary by the theatrical agent in relation to the licence held by the agent;
(b)	apply the money to assist any theatrical performer who has suffered loss by reason of any act or omission by the theatrical agent; and
(c)	require the theatrical agent to lodge with the Secretary, within the time specified in writing by the Secretary, a further approved bond or bank guarantee for the same amount and of the same nature.

(b)	Section 145E (6)— Omit "Division", insert instead "Part".
(c)	Section 145E (6)— After "fit", insert "and proper".
(d)	Section 145E (9)— Omit "$500", insert instead "20 penalty units".

(a)	Section 145H (2) (c), (3)— After "fit" wherever occurring, insert "and proper".
(b)

(a)	a recommendation given to the Secretary by an industrial magistrate under section 140 or 145GA; and
(b)	a report furnished to the Secretary by the Commissioner of Police under section 140 or 145G (1),

(a)	money is due to a theatrical performer from a person who has carried on any theatrical agency or business as a theatrical employer without a licence under Division 1; or
(b)	a person who has carried on the business of a private employment agent without a licence under Division 2 has demanded and received any fee, charge or other remuneration from a person seeking to be employed,
the commission may make an order requiring the unlicensed	person concerned to pay the money due to the theatrical
performer or to refund the fee, charge or other remuneration received.
(2) An appeal lies to the commission in court session from any order of the commission under this section.
(3) Section 120 applies to an appeal from an order of the commission under this section to the commission in court session in the same way as it applies to an appeal from an order of an industrial magistrate to the commission.
Copy of entries in registers to be evidence

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication in the Gazette; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication in the Gazette.