Labour Hire Licensing Regulation 2021 (ACT)

Labour Hire Licensing Regulation 2021   

SL2021-9

made under the

Labour Hire Licensing Act 2020

Republication No 1

Effective:  27 May 2021

Republication date: 27 May 2021

Regulation not amended

About this republication

The republished law

This is a republication of the Labour Hire Licensing Regulation 2021, made under the Labour Hire Licensing Act 2020 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 May 2021.  It also includes any commencement, repeal or expiry affecting this republished law. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial amendments

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Labour Hire Licensing Regulation 2021

made under the

Labour Hire Licensing Act 2020

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Application for licence—general information—Act, s 24 (2) (b)               2

6            Application for licence—suitability information—Act, s 24 (2) (b)            4

7           Licence conditions—Act, s 29 (e)  8

8            Labour hire licence register—Act, s 31 (2) (a) (vi)  8

9            Workplace law or standard—Act, dict, def workplace law or standard, par (c)   9

Dictionary10

Endnotes

1            About the endnotes  11

2            Abbreviation key  11

3            Legislation history  12

4            Amendment history  12

Labour Hire Licensing Regulation 2021

made under the

Labour Hire Licensing Act 2020

1. Name of regulation

   This regulation is the Labour Hire Licensing Regulation 2021.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

4. Application for licence—general information—Act, s 24 (2) (b)

   (1)An application for a licence must state the following:

   (a)the applicant’s name and contact details;

   (b)if the applicant is an individual—the applicant’s date of birth;

   (c)if the applicant operates the business under a registered business name—the registered business name;

   (d)if the applicant operates the business under a trading name—the trading name;

   (e)if the applicant operates the business with contact details other than the applicant’s contact details—the business’s contact details;

   (f)if the applicant has an ABN—the ABN;

   (g)if the applicant has an ACN—the ACN;

   (h)each industry in which the applicant intends to provide labour hire services;

   (i)for each industry mentioned in paragraph (h)—the industrial instruments to be used by the applicant for the workers the applicant intends to supply;

   (j)if the applicant intends to provide labour hire services in more than one industry—the main industry in which the applicant intends to provide labour hire services;

   (k)if the applicant is a corporation—the name and contact details of each influential person for the corporation;

   (l)if the applicant is not a corporation—the name and contact details of each close associate of the applicant’s business;

   (m)the number of workers who are visa holders that the applicant intends to supply.

   (2)An application for a licence must include—

   (a)if the applicant holds a compulsory insurance policy for the Workers Compensation Act 1951—a copy of the applicant’s certificate of currency; and

   (b)if the applicant is self-insured for the Workers Compensation Act 1951—a copy of the applicant’s self-insurer licence; and

   (c)if the applicant is registered as an employer for a covered industry under the Long Service Leave (Portable Schemes) Act 2009—a copy of the applicant’s certificate of registration.

   (3)In this section:

   close associate—a person is a close associate of the applicant’s business if the person—

   (a)holds or will hold a position (however described), including on behalf of someone else, in the applicant’s business that is concerned with, or takes part in, the management of the business; or

   (b)is or will be able to exercise a significant influence, including on behalf of someone else, in relation to the conduct of the applicant’s business because the person holds or will hold a financial interest, or is entitled to exercise a relevant power, in the business.

   financial interest, in a business, means—

   (a)a share in the capital of the business; or

   (b)an entitlement to receive income derived from the business, however the entitlement arises.

   relevant power, in a business, means a power—

   (a)to take part in a directorial, managerial or executive decision for the business; or

   (b)to elect or appoint a person responsible for directorial, managerial or executive decisions in the business.

5. Application for licence—suitability information—Act, s 24 (2) (b)

   (1)Unless subsection (3) or (4) applies, an application for a licence must state if, in the previous 5 years, the applicant—

   (a)had an application for a licence refused under a labour hire law; or

   (b)held a licence under a labour hire law that was cancelled or suspended, or for which conditions were imposed; or

   (c)was subject, under a labour hire law, to—

   (i)regulatory action, even if the action is under review or appeal; or

   (ii)a court or tribunal proceeding; or

   (iii)another form of discipline or investigation in relation to the applicant’s conduct; or

   (d)was convicted, or found guilty, of an indictable offence; or

   (e)was convicted, or found guilty, of an offence against a workplace law or standard; or

   (f)was—

   (i)the subject of a complaint under an anti-discrimination law; or

   (ii)convicted, or found guilty, of an offence against an anti‑discrimination law; or

   (g)was—

   (i)the subject of a WHS undertaking accepted by the regulator under the Work Health and Safety Act 2011 or a corresponding undertaking under a corresponding WHS law; or

   (ii)the subject of a civil proceeding under the Work Health and Safety Act 2011, division 6.3 or a corresponding proceeding under a corresponding WHS law; or

   (iii)served with an infringement notice for an infringement notice offence against the Work Health and Safety Act 2011 or the Work Health and Safety Regulation 2011 or a corresponding notice for an offence against a corresponding WHS law; or

   (h)entered into an enforceable undertaking under the Fair Work Act 2009 (Cwlth) in relation to the contravention of obligations about employee payments and entitlements and protections; or

   (i)was found to have contravened the Fair Work Act 2009 (Cwlth) in relation to obligations about employee payments and entitlements and protections; or

   (j)if the applicant is an individual—had action taken against them under the Migration Act 1958 (Cwlth) in relation to—

   (i)the applicant being a visa holder; or

   (ii)the supply of a worker who is a visa holder; or

   (k)if the applicant is a corporation—had action taken against an influential person for the corporation under the Migration Act 1958 (Cwlth) in relation to—

   (i)the influential person being a visa holder; or

   (ii)the supply of a worker who is a visa holder.

   (2)An application for a licence must also include information about the applicant’s financial capacity to meet its obligations under workplace laws or standards including the applicant’s capacity to pay the workers to be supplied by the applicant the wage, allowances, superannuation contribution and other payments to which the workers are entitled.

   (3)The applicant need not state the matters mentioned in subsection (1), or include the matters mentioned in subsection (2), if the applicant—

   (a)holds a licence under another labour hire law; and

   (b)gives the commissioner evidence that the licence is not the subject of any regulatory action under that law.

   Note 1The applicant is taken to be a suitable person if the applicant holds a licence under another labour hire law and the licence is not the subject of any regulatory action under that law (see Act, s 28 (3) (b)).

   Note 2The commissioner may, by written notice, require the applicant to provide more information reasonably needed to decide the application (see Act, s 25).

   (4)The commissioner may decide that an applicant does not need to state the matters mentioned in subsection (1), or include the matters mentioned in subsection (2), if the commissioner is satisfied the applicant—

   (a)is a registered group training organisation; or

   (b)can otherwise demonstrate that the applicant is a suitable person to hold a licence.

   (5)In this section:

   anti-discrimination law means—

   (a)the Discrimination Act 1991; or

   (b)the Sex Discrimination Act 1984 (Cwlth); or

   (c)a law of a State or another Territory corresponding, or substantially corresponding, to a law mentioned in paragraph (a) or (b).

   corresponding WHS law—see the Work Health and Safety Act 2011, dictionary.

   registered group training organisation means a registered training organisation that employs apprentices or trainees.

   registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

   WHS undertaking—see the Work Health and Safety Act 2011, section 216 (1).

6. Licence conditions—Act, s 29 (e)

   It is a condition of a labour hire licence that if information in the application for the licence (or if section 6 (3) or (4) applies, other information relevant to the licensee being a suitable person to hold a licence) changes the licensee must give the commissioner written notice of the details of the change within 7 days after becoming aware of the change.

7. Labour hire licence register—Act, s 31 (2) (a) (vi)

   (1)The register must include—

   (a)the licensee’s business contact details; and

   (b)if the licensee is a corporation—the name and contact details of each influential person for the corporation; and

   (c)if the applicant’s business has a close associate—the name and contact details of each close associate; and

   (d)the industry, or the main industry, in which the licensee provides labour hire services.

   (2)In this section:

   close associate—see section 5 (3).

1. Workplace law or standard—Act, dict, def workplace law or standard, par (c)

   The following laws are prescribed:

   (a)the Superannuation Guarantee (Administration) Act 1992 (Cwlth);

   (b)the Superannuation Guarantee Charge Act 1992 (Cwlth);

   (c)the Training and Tertiary Education Act 2003.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation. 

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     change

·     corporation

·     found guilty

·     indictable offence (see s 190)

·     individual.

Note 3Terms used in this regulation have the same meaning that they have in the Labour Hire Licensing Act 2020.  For example, the following terms are defined in the Labour Hire Licensing Act 2020, dict:

·     commissioner

·     labour hire law

·     labour hire licence

·     labour hire services

·     regulatory action

·     worker (see s 8)

·     workplace law or standard.

influential person, for a corporation—see the Act, section 28 (5).

visa holder—see the Migration Act 1958 (Cwlth), section 5.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Labour Hire Licensing Regulation 2021 SL2021-9

   notified LR 19 May 2021
   s 1, s 2 commenced 19 May 2021 (LA s 75 (1))
   remainder commenced 27 May 2021 (s 2 and see Labour Hire Licensing Act 2020 A2020-21, s 2 (2))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)