12—Person must not enter into arrangements with unlicensed providers
(1) A person must not,
without a reasonable excuse, enter into an arrangement for the provision of
labour hire services unless the person providing the labour hire services is
authorised to provide labour hire services by a licence under this Act.
Maximum penalty:
(a) in
the case of a natural person—$140 000;
(b) in
the case of a body corporate—$400 000.
(1a) Without
limitation, subsection (1) applies to a person irrespective of whether
the person is—
(a) the
person to whom the labour hire services are to be provided under the
arrangement; or
(b)
entering into the arrangement as an agent or intermediary of the person
providing the labour hire services under the arrangement; or
(c) the
person providing the labour hire services under the arrangement.
(2) It is a reasonable
excuse for the person not to comply if, when the person entered into the
arrangement, the person providing the labour hire services was shown on the
register as the holder of a licence.