Victorian Current Acts

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LABOUR HIRE LICENSING ACT 2018 - SECT 29

Renewal and refusal of application to renew a licence

    (1)     The Authority must renew a licence if—

        (a)     the application includes the prescribed information; and

        (b)     the person who made the application was not prevented from doing so by section 18; and

        (c)     the application is accompanied by the prescribed declarations and consents; and

        (d)     the application is accompanied by the prescribed application fee (if any); and

        (e)     the Authority is satisfied that each relevant person in relation to the licence is a fit and proper person at the time of deciding the application; and

        (f)     the Authority is satisfied that each relevant person in relation to the application is compliant with this Act, the regulations and legal obligations as required by section 23; and

        (g)     if the Authority has required the provision of any of the following under section 31 or  47

              (i)     further information or consents;

              (ii)     one or more statutory declarations;

              (iii)     access to premises—

the information, consent, statutory declaration or access has been provided to the satisfaction of the Authority.

    (2)     Despite subsection (1), the Authority may renew a licence if the Authority is satisfied that it is appropriate in all the circumstances to renew the licence, even if the application does not satisfy one or more of the matters in subsection (1).

    (3)     The Authority must refuse to renew a licence if the Authority—

        (a)     is not required by subsection (1) to renew the licence; and

        (b)     decides not to renew the licence as permitted by subsection (2).

    (4)     For the purposes of being satisfied in respect of any matter in relation to the application, the Authority—

        (a)     must have regard to the information specified in the application and the material accompanying it; and

        (b)     may have regard to other information, including information provided by another regulator.

    (5)     If the Authority decides to renew a licence, the Authority must—

        (a)     notify the applicant in writing of the decision; and

        (b)     specify any conditions to which the renewed licence is subject (see Division 6).

    (6)     If the Authority decides to refuse to renew a licence, the Authority must notify the applicant in writing of the decision and must specify the grounds for the refusal.

    (7)     A renewed licence—

        (a)     comes into force on the day specified in the notice; and

        (b)     remains in force—

              (i)     until the end of the period specified in the renewed licence, which must not be longer than 3 years beginning on the expiry date of the licence; or

              (ii)     if the renewed licence is cancelled or otherwise ceases to be in force before the end of that period, until the licence is cancelled or otherwise ceases to be in force.

    (8)     If 2 or more natural persons jointly operate the business that provides labour hire services to which the licence relates, the application for renewal 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.

    (9)     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 licence holder 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 renewal is also published under section 49.



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