Labour Hire Licensing Regulations 2018 (SA)

South Australia

Labour Hire Licensing Regulations 2018

under the Labour Hire Licensing Act 2017

1Short title

These regulations may be cited as the Labour Hire Licensing Regulations 2018.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Labour Hire Licensing Act 2017.

5Fit and proper person (section 10 of Act)

For the purposes of section 10(2)(a), (3)(a) and (4)(a) of the Act, the following offences are prescribed but only where the person has been found guilty or convicted of the offence within the preceding 10 years:

1. (a)

   an offence against a provision of Part 5 of the Criminal Law Consolidation Act 1935;

2. (b)

   an offence against a provision of Part 6B of the Criminal Law Consolidation Act 1935;

3. (c)

   an offence against a provision of Part 7 of the Criminal Law Consolidation Act 1935;

4. (d)

   an offence against a provision of the Taxation Administration Act 1996;

5. (e)

   an offence against the law of—

   1. (i)

      the Commonwealth, another State or a Territory; or

   2. (ii)

      a place outside Australia,

that is substantially similar to an offence referred to in another paragraph of this subregulation.

5APrescribed requirements for the provision of information to labour hire workers

1. (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—

   1. (a)

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

   2. (b)

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

2. (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.

5BPeriodic fee and report

1. (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. (2)

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

   1. (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

   2. (b)

      each subsequent period of 12 months.

6Notification of certain changes in circumstances (section 21 of Act)

1. (1)

   For the purposes of section 21(2) of the Act, the following matters relating to a licence are prescribed:

   1. (a)

      the name of—

      1. (i)

         the holder of the licence; and

      2. (ii)

         each responsible person for the licence; and

      3. (iii)

         each business involved in the provision of labour hire services under the licence; and

      4. (iv)

         in the case of a licence held by a body corporate—each director of the body corporate;

   2. (b)

      the contact details of—

      1. (i)

         the holder of the licence; and

      2. (ii)

         each responsible person for the licence; and

      3. (iii)

         each business involved in the provision of labour hire services under the licence;

   3. (c)

      the ABN of each business involved in the provision of labour hire services under the licence;

   4. (d)

      the relevant criminal history of—

      1. (i)

         the holder of the licence; and

      2. (ii)

         each responsible person for the licence; and

      3. (iii)

         in the case of a licence held by a body corporate—each director of the body corporate;

   5. (e)

      membership of a prescribed organisation by—

      1. (i)

         the holder of the licence; and

      2. (ii)

         each responsible person for the licence; and

      3. (iii)

         in the case of a licence held by a body corporate—each director of the body corporate;

   6. (f)

      close association with a person who is a member of a prescribed organisation or subject to a control order under the Serious and Organised Crime (Control) Act 2008 by—

      1. (i)

         the holder of the licence; and

      2. (ii)

         each responsible person for the licence; and

      3. (iii)

         in the case of a licence held by a body corporate—each director of the body corporate;

   7. (g)

      the solvency (within the meaning of the Corporations Act 2001 of the Commonwealth) status of—

      1. (i)

         the holder of the licence; and

      2. (ii)

         in the case of a licence held by a body corporate—each director of the body corporate.

2. (2)

   In this regulation—

close associate has the same meaning as in section 10 of the Act;

prescribed organisation has the same meaning as in section 10 of the Act;

relevant criminal history means a finding of guilt or conviction for any offence of a kind prescribed in regulation 5.

7Prescribed law (section 45 of Act)

For the purposes of section 45 of the Act, each corresponding law is prescribed.

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 regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2018	28	Gazette 6.2.2018 p656	1.3.2018: r 2
  2018	153	Gazette 21.6.2018 p2419	1.7.2018: r 2
  2019	93	Gazette 13.6.2019 p1914	1.7.2019: r 2
  2020	109	Gazette 4.6.2020 p2925	1.7.2020: r 2
  2020	236	Gazette 16.7.2020 p3829	20.7.2020: r 2

  Provisions varied

  New entries appear in bold.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2018
  r 4	deleted by 109/2020 r 4	1.7.2020
  r 5	varied by 236/2020 r 4	20.7.2020
  rr 5A and 5B	inserted by 236/2020 r 5	20.7.2020
  Sch 1	substituted by 153/2018 r 4	1.7.2018
  substituted by 93/2019 r 4	1.7.2019
  deleted by 109/2020 r 5	1.7.2020

  Historical versions

  1.7.2018

  1.7.2019

  1.7.2020 (electronic only)