LABOUR HIRE LICENSING ACT 2017

Queensland Consolidated Acts

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LABOUR HIRE LICENSING ACT 2017 - SCHEDULE 1

SCHEDULE 1 – Dictionary

"approved form" means a form approved under section 107 .

"avoidance arrangement" see section 12 .

"criminal history" , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than a conviction—

(a) to which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b) that is not revived under section 11 of that Act.

"disposal order" see section 84 (2) .

"electronic document" ...

"executive officer" , of a corporation, means any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned, or takes part, in the management of the corporation.

"financially viable" , for a person, means the person is able to pay the person’s debts as and when they become due and payable.

"former owner" see section 81 (1) .

"general power" see section 68 (1) .

"identity card" , for a provision about inspectors, means an identity card given to an inspector under section 52 .

"information notice" , for a decision, means a notice stating—

(a) the decision; and

(b) the reasons for the decision; and

(c) that the person has a right to have the decision reviewed under section 93 ; and

(d) how, and the period within which, the person may apply for the review.

"inspector" means a person who holds office under part 6 , division 1 , as an inspector.

"labour hire services" see section 7 .

"labour hire website" means a website established by the chief executive for the purpose of providing information about the labour hire industry to providers, workers and members of the public.

"licence" means a licence granted under section 16 .

"licensee" means the holder of a licence.

"nominated officer" , for a licence, means each individual shown on the register as being a nominated officer for the licence.

"notice" means a written notice.

"occupier" , of a place, includes the following—

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—any person who is an owner of the place.

"official" means—

(a) the chief executive; or

(b) a public service employee.

"owner" , of a thing that has been seized under part 6 , division 3 , subdivision 2 , includes a person who would be entitled to possession of the thing had it not been seized.

"person in control" , of a thing, includes a person who reasonably appears to be, claims to be, or acts as if the person is, the person in possession or control of the thing.

"place" includes the following—

(a) premises;

(b) vacant land;

(c) a place in Queensland waters;

(d) a place held under more than 1 title or by more than 1 owner;

(e) the land or water where a building or structure, or a group of buildings or structures, is situated.

"premises" includes the following—

(a) a building or other structure;

(b) a part of a building or other structure;

(c) a caravan or vehicle;

(d) a cave or tent;

(e) premises held under more than 1 title or by more than 1 owner.

"provider" see section 7 .

"public place" means a place, or part of a place—

(a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or
Example—
a beach, a park, a road

(b) the occupier of which allows, whether or not on payment of money, members of the public to enter.
Example—
a saleyard, a showground

"QCAT information notice" means a notice complying with the QCAT Act , section 157 (2) .

"relevant law" means—

(a) this Act; or

(b) a provision of an Act or law of the State, the Commonwealth or another State imposing an obligation on a person in relation to workers, including, for example, obligations about—
(i) keeping records about workers; and

(ii) the payment of tax or superannuation for workers; and

(iii) ensuring the health and safety of workers; or

Examples—

• the Age Discrimination Act 2004 (Cwlth)

• the Australian Human Rights Commission Act 1986 (Cwlth)

• the Anti-Discrimination Act 1991

• the Child Employment Act 2006

• the Disability Discrimination Act 1992 (Cwlth)

• the Electrical Safety Act 2002
• the Fair Work Act 2009 (Cwlth)

• the Independent Contractors Act 2006 (Cwlth)

• the Industrial Relations Act 2016

• the Migration Act 1958 (Cwlth)

• the Payroll Tax Act 1971

• the Queensland Building and Construction Commission Act 1991

• the Racial Discrimination Act 1975 (Cwlth)

• the Sex Discrimination Act 1984 (Cwlth)

• the Superannuation Guarantee (Administration) Act 1992 (Cwlth)

• the Work Health and Safety Act 2011

• the Workers’ Compensation and Rehabilitation Act 2003

(c) a provision of a law, including a local law, about the standards of buildings and structures, to the extent it relates to a building or structure used to provide accommodation to a worker.

"review decision" see section 97 (1) (b) .

"worker" see section 8 .

"workplace" means a place where work is carried out for a business and includes any place where a worker goes, or is likely to be, while at work.

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