Labour and Industry Acts Amendment Act of 1963 (Qld)

204 (Qttertt51att ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1963 An Act to Amend "The Labour and Industry Acts, 1946 to 1961, " in certain particulars [ASSENTED TO 16TH DECEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Labour and Industry Acts Amendment Act of 1963." (2) Principal Act. " The Labour and Industry Acts, 1946 to 1961," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Labour and Industry Acts, 1946 to 1963."

Labour and Industry Acts Amendment Act of 1963, No. 38 205 2. Repeal of and new s. 51. The Principal Act is amended by repealing section fifty-one and inserting in its stead the following section :- " [51.] Issue and Renewal of Licenses . (1) Subject to this section the Minister may in his absolute discretion issue and renew licenses for private employment exchanges. (2) Applications for such a license or renewal of such a license shall be made to the Minister in the form and in the manner prescribed and shall be accompanied by the prescribed fee (which shall be refunded if the application is refused). (3) The Minister shall refer the .application to a stipendiary magistrate for inquiry and determination of the matter of whether or not the applicant having regard to his character, reputation and previous conduct, is a fit person to hold or to continue to hold a license for a private employment agency. For the purposes of such inquiry and determination the stipendiary magistrate may sit as a court of petty sessions as if the matter of such inquiry and determination were within the jurisdiction of such a court and the provisions of " The Justices Acts, 1886 to 1963," shall with and subject to all necessary adaptations apply and extend accordingly. The applicant and all persons objecting in the manner prescribed shall have notice of such inquiry, and shall be entitled to be heard thereat, personally or by counsel, solicitor, or agent. (4) The stipendiary magistrate shall furnish to the Minister his determination upon the inquiry. (5) If the stipendiary magistrate determines that the applicant is not a fit person to hold or to continue to hold a license for a private employment exchange the Minister shall not issue, or as the case may be, renew the license. Except as prescribed by this subsection, the Minister shall not be bound by the determination of the stipendiary magistrate." 3. Insertion of new s. 51A. The Principal Act is amended by inserting after section fifty-one the following section:- " [51A.] Cancellation of license . (1) Where the Minister is of opinion that a licensee is not a fit and proper person to be a licensee the Minister may- (a) cancel the license of that person; or (b) suspend the license of that person and refer the matter to a stipendiary magistrate for inquiry as to whether or not the licensee is a fit and proper person to be a licensee. The provisions of subsections (3) and (4) of section fifty-one of this Act shall, with and subject to all necessary adaptations, apply with respect to a reference under this section. (2) If upon a reference under this section the stipendiary magistrate determines that a licensee is not a fit and proper person to hold a license the Minister shall cancel the license.

206 Labour and Industry Acts Amendment Act of 1963, No. 38 Except as prescribed by this subsection, the Minister shall not be bound by the determination of the stipendiary magistrate and accordingly the Minister may, in his absolute discretion, either terminate the suspension or-cancel the license. (3) Suspension under this section of any license- (a) shall, whilst such license is so suspended, have the same effect as the cancellation of the license; (b) shall, whilst such license is so suspended, prohibit the issuing to the person who held that license of any license under this Act; (c) shall not, upon the termination of that suspension, extend the period during which that license would have remained in force if it had not been. so suspended." 4. Repeal of and new s. 53. The Principal Act is amended by repealing section fifty-three and inserting in its stead the following section:- " [53.] Fees . (1) The power to make regulations under this Act shall include power to make regulations with respect to- (a) (In respect of the procurement or assistance in the procurement of employment) prescribing a scale of fees; (b) (In respect of the procurement or assistance in the procurement of labour)- (i.) Prescribing a scale of fees with respect to different classes and types of employment as specified therein, and which may include a maximum fee in respect of those classes and types of employment not specified; or (ii.) Prescribing a maximum fee in respect of all classes and types of employment; or (iii.) Providing that with respect to all classes and types of employment or (where a scale of fees has been prescribed pursuant to subparagraph (i.) and no maximum fee has been prescribed pursuant to subparagraph (i.)) those classes and types of employment in respect of which a maximum fee could have been imposed the fee shall be subject to mutual arrangement between the licensee and the employer and the manner and form of that arrangement. (2) A copy of the regulations for the time being in force and dealing with the subject matter contained in subsection (1) of this section shall be posted and remain posted in some conspicuous place at or near the entrance of every private employment exchange in sLch a position as to be easily read by all persons." 5. Amendment of s. 54 . (1) Subsection (1) of section fifty-four of the Principal Act is amended by in the first subparagraph of paragraph (a) inserting after the words " those prescribed " the words " or, where the fees are validly determined by a mutual arrangement between the licensee and the employer, any greater or other fees than those fees ".

Labour and Industry Acts Amendment Act of 1963, No. 38 207 6. Amendments of s. 57. Section fifty-seven of the Principal Act is amended by- (a) in subsection (1)- (i) inserting at the commencement of the subsection the words " In respect of an offence against this Act "; (ii) omitting the symbol and words ", and the clerk of the court shall deliver it up to the Minister for that purpose" and inserting in their stead the words " as hereinafter provided "; (b) inserting after subsection ( 1) the following subsections:- " (2) Upon a conviction- rendering a license liable to be endorsed by the court , the licensee shall forthwith deliver the license to the court for that purpose. (3) Upon his third conviction in respect of an offence against this Act a licensee shall, within fourteen days from the date of that conviction deliver the license to the Minister who shall thereupon cancel the license."; ( c) renumbering subsection ( 2) as subsection (4).