Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 17

Person may apply for a licence

    (1)     A person may apply to the Authority for a licence authorising the person to provide labour hire services.

    (2)     The application must include the following information—

        (a)     the full name and address of the applicant;

        (b)     if the applicant is a natural person, the date of birth of the applicant;

        (c)     the business name, ABN and business address of each business through which the applicant will provide labour hire services;

        (d)     if the applicant is a body corporate, the ACN or ARBN of the applicant;

        (e)     if the applicant is a body corporate, the full name, address and date of birth of each officer of the body corporate and the position the officer holds;

        (f)     if the applicant is a natural person—

              (i)     the full name, address and date of birth of each person who     makes, or participates in making, decisions that affect the whole, or a substantial part, of the business conducted by the natural person that provides, or is to provide, labour hire services; and

              (ii)     the role within that business performed by each person referred to in subparagraph (i);

S. 17(2)(fa) inserted by No. 14/2021 s. 33.

        (fa)     details of the estimated turnover of the business for the 4 quarters immediately preceding the date of the application for the purposes of ascertaining whether the business is a tier 1 business, tier 2 business or tier 3 business;

        (g)     the information required by section 19;

        (h)     any other information prescribed by the regulations.

    (3)     The application must include the full name, position description and contact details of the prescribed number of nominated officers for the licence, each of whom must—

        (a)     be a natural person who is responsible for the day-to-day conducting of the business to which the licence relates; and

        (b)     satisfy any requirements prescribed by the regulations.

    (4)     The application must be accompanied by the following declarations—

        (a)     a declaration by the applicant or, if the applicant is a body corporate, an officer of the body corporate, that, to the applicant's or officer's knowledge, each relevant person in relation to the application is a fit and proper person at the time of the application within the meaning of section 22;

        (b)     a declaration of compliance with legal obligations, as required by section 23;

        (c)     in the case of a body corporate, a declaration by the officer of the body corporate making the application that the information provided in the application is true and correct;

        (d)     in the case of a natural person, a declaration by the natural person that the information provided in the application is true and correct.

    (5)     The application must be accompanied by the consent of each relevant person in relation to the application for the Authority to obtain information from third parties for the purposes of verifying information about the relevant person.

    (6)     The application must be accompanied by the application fee (if any) prescribed by the regulations.

    (7)     If 2 or more natural persons intend jointly to conduct a business that provides labour hire services, the application must be made jointly by all of the persons and the application—

        (a)     must comply with the requirements of this section in respect of each applicant; and

        (b)     must comply with any additional prescribed requirements in respect of joint applications.

    (8)     Upon receiving an application under this section, the Authority must, as soon as is reasonably practicable, publish the following information on the Authority's Internet site—

        (a)     that an application was made and the date of the application;

        (b)     the applicant's name and contact details;

        (c)     the business name, ABN and business address of the business through which labour hire services are to be provided under the licence;

        (d)     if the applicant is a body corporate, the ACN or ARBN of the applicant;

        (e)     the date of publication of the information referred to in paragraphs (a) to (d).

Note

        Information about applications for licences is also published under section 49.



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