South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a person may apply to the Commissioner for a licence authorising the
provision of labour hire services by the person.
(2) An application
under subsection (1) must—
(a) be
in a form approved by the Commissioner; and
(b)
specify the names of the person or persons nominated to be responsible persons
for the purposes of the licence; and
(c)
include the information required by the Commissioner to determine the
application; and
(d) be
accompanied by the prescribed fee.
(3) The Commissioner
must cause notice of each application for a licence made under this section to
be published on a website determined by the Commissioner.
(4) The following
persons are not eligible, for the periods specified, to apply for a
licence—
(a) a
person who was the holder of a licence that was cancelled under
section 23, for a period of 2 years from the date of the cancellation;
(b) a
related body corporate of a person referred to in paragraph (a), for a
period of 2 years from the date of the cancellation referred to in that
paragraph;
(c) a
person who has had an application under this section refused, for a period of
3 months from—
(i)
the date of notification of the refusal of the
application; or
(ii)
if the person appeals against the decision to refuse the
application, the date when the appeal is finally determined.
(5)
Subsection (4) does not apply in relation to a body corporate that has
been the holder of a licence that was cancelled or that has had an application
for a licence refused, or a related body corporate of such a body corporate,
if the Commissioner is satisfied that, because of a genuine sale occurring
after the cancellation or refusal—
(a) no
person who was a shareholder of, or held a beneficial interest in, the body
corporate when the cancellation or the refused application was made, is a
shareholder of, or holds a beneficial interest in, the body corporate; and
(b) no
person who was in a position to control or influence the affairs of the body
corporate when the cancellation or refused application was made is in a
position to control or influence the affairs of the body corporate.
(6) In this
section—
"related body corporate" has the same meaning as in section 9 of the
Corporations Act 2001 of the Commonwealth.