South Australian Current Acts

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LABOUR HIRE LICENSING ACT 2017 - SECT 29

29—Substitution of responsible person for limited period

        (1)         The holder of a licence may, by notice in writing, appoint an individual who is suitable for appointment as a responsible person as a "substitute responsible person for the licence for a period of not more than 30 days if—

            (a)         a responsible person for the licence will be absent from the licence holder's business; and

            (b)         the individual consents in writing to the appointment.

        (2)         The holder of a licence must, as soon as reasonably practicable after the appointment of a person under subsection (1) (but in any case within 7 days), notify the Commissioner of the appointment in a manner and form approved by the Commissioner.

Maximum penalty: $4 000.

        (3)         The holder of a licence must, on providing notice to the Commissioner under subsection (2), pay to the Commissioner the prescribed fee.

        (4)         The Commissioner may cancel the appointment of a person under subsection (1) if satisfied that—

            (a)         the person is not a fit and proper person to be a responsible person; or

            (b)         the licence holder has failed to pay the fee under subsection (3) in accordance with that subsection.

        (5)         The holder of a licence must ensure the notice of appointment and the written consent are—

            (a)         kept at the premises where the substitute responsible person will be responsible for the day-to-day management and operation of the business; and

            (b)         made available for immediate inspection by an authorised officer who asks to see them.

Maximum penalty: $4 000.

        (6)         A substitute responsible person is taken to be a responsible person for the licence for the period of the appointment.

        (7)         The Commissioner may, on application by the holder of a licence, extend the appointment of a substitute responsible person if the Commissioner is satisfied that it is appropriate in the circumstances to do so.



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