Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 117

No contravention of Part 2 during transition period or later if application on foot

    (1)     A person does not contravene a provision of Part 2 at any time during the transition period.

    (2)     A person does not contravene section 13 or 14
at a time (the relevant time ) after the end of the transition period, if the person applied for a licence before the end of the transition period and, at the relevant time, the application has not yet been decided.

    (3)     A person does not contravene section 13 or 14
at a time (the relevant time ) after the end of the transition period, if—

        (a)     the person applied for a licence before the end of the transition period; and

        (b)     the application was refused; and

        (c)     at the relevant time, the period within which the person may apply for review of the decision or appeal against the decision has not ended.

    (4)     A person does not contravene section 13 or 14
at a time (the "relevant time") after the end of the transition period, if—

        (a)     the person applied for a licence before the end of the transition period; and

        (b)     the application was refused, and

        (c)     the applicant applied for review of the decision or appeal against the decision and the application for review, or the appeal, has not been determined.

    (5)     A person (the host ) does not commit an offence under section 15 at a time (the relevant time ) after the end of the transition period if—

        (a)     at the relevant time, the host entered into an arrangement with a provider; and

        (b)     at the relevant time, the host reasonably believed that subsection (2), (3) or (4) applied to the provider.

    (6)     A person does not commit an offence under section 16 at a time (the relevant time ) after the end of the transition period if—

        (a)     at the relevant time, the person proposed to enter into an arrangement with another person; and

        (b)     at the relevant time, the person reasonably believed that subsection (2), (3) or (4) applied to the other person.



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