Labour Hire Licensing (Miscellaneous) Variation Regulations 2020 (SA)

South Australia

Labour Hire Licensing (Miscellaneous) Variation Regulations 2020

under the Labour Hire Licensing Act 2017

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Labour Hire Licensing Regulations 2018

4            Variation of regulation 5—Fit and proper person (section 10 of Act)

5            Insertion of regulations 5A and 5B

5A          Prescribed requirements for the provision of information to labour hire workers

5B          Periodic fee and report

Part 1—Preliminary

1—Short title

These regulations may be cited as the Labour Hire Licensing (Miscellaneous) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which the Labour Hire Licensing (Miscellaneous) Amendment Act 2020 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Labour Hire Licensing Regulations 2018

4—Variation of regulation 5—Fit and proper person (section 10 of Act)

Regulation 5—delete "section 10(2)(a) and (3)(a)" and substitute:

section 10(2)(a), (3)(a) and (4)(a)

5—Insertion of regulations 5A and 5B

After regulation 5 insert:

5A—Prescribed requirements for the provision of information to labour hire workers

(1)For the purposes of section 18(1)(a) of the Act, a person who provides labour hire services must provide the information determined by the Commissioner to each individual who is a labour hire worker for the person—

(a)at the time that the individual becomes a labour hire worker for the person; and

(b)in respect of each supply of the labour hire worker to a host to undertake work, before the worker commences the work.

(2)Information determined by the Commissioner for the purposes of subregulation (1) may vary according to the circumstances to which it is expressed to apply.

5B—Periodic fee and report

(1)For the purposes of section 20(2) of the Act, the fee must be paid and the report lodged each year following the grant of the licence on or before the last day of the month that is the same month as the month in which the licence was granted.

(2)For the purposes of the definition of reporting period in section 20(6) of the Act, the reporting periods for a licence are—

(a)the period from the grant of the licence up to and including the last day of the month that precedes the month in which the first report is due under subregulation (1); and

(b)each subsequent period of 12 months.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 16 July 2020

No 236 of 2020