Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 16

Prohibition on avoidance arrangements

    (1)     This section applies if—

        (a)     a person (the client ) proposes to enter into an arrangement with another person (the  supplier ) for the supply of an individual to perform work, whether for the client or another person; and

        (b)     the supplier is not included in the Register as the holder of a licence that is in force at the time the arrangement is proposed.

    (2)     The client must not enter into the proposed arrangement if the client knows, or has reasonable grounds to suspect, that the proposed arrangement is for the purpose of avoiding or circumventing an obligation that would otherwise be imposed upon the client, the supplier or another person by this Act.

Note

        Section 94 provides that this subsection is a civil penalty provision. Part 6 deals with civil penalty provisions.

    (3)     The client must notify the Authority as soon as reasonably practicable after the client becomes aware, or reasonably suspects, that the proposed arrangement is for the purpose of avoiding or circumventing an obligation that would otherwise be imposed upon the client, the supplier or another person by this Act.

Note

Section 94 provides that this subsection is a civil penalty provision. Part 6 deals with civil penalty provisions.

Part 3—Licensing system

Division 1—Applications



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