Queensland Numbered Acts

LABOUR HIRE LICENSING ACT 2017 - As at 13 September 2017 - Act 33 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Main purposes of Act
   4.      Act binds all persons
   5.      Extraterritorial application of Act

           Division 2 - Interpretation

   6.      Definitions
   7.      Meaning of provider and labour hire services
   8.      Meaning of worker
   9.      When a worker is supplied

   PART 2 - PROHIBITED CONDUCT

   10.     Licence required to provide labour hire services
   11.     Person must not enter into arrangements with unlicensed providers
   12.     Person must not enter into avoidance arrangements

   PART 3 - LICENCES

           Division 1 - Application and grant

   13.     Application
   14.     Persons who can not apply
   15.     Criteria for grant
   16.     Decision on application
   17.     Term

           Division 2 - Renewal and restoration

   18.     Applying for renewal
   19.     Applying for restoration of expired licence
   20.     Decision on renewal or restoration
   21.     Term of renewed or restored licence

           Division 3 - Suspension, cancellation and surrender

   22.     Suspension
   23.     Show cause notice before cancellation
   24.     Cancellation
   25.     Return of suspended or cancelled licence
   26.     Surrender

           Division 4 - Fit and proper persons

   27.     Fit and proper persons

   PART 4 - OBLIGATIONS OF LICENSEES

           Division 1 - Licence conditions

   28.     Condition—compliance with relevant laws
   29.     Conditions may be imposed
   30.     Show cause notice before imposing or varying a condition

           Division 2 - Reporting

   31.     Obligation to report to chief executive
   32.     Prescribed matters for reports

           Division 3 - Nominated officers

   33.     Requirements for nominated officers
   34.     Nominated officer must be reasonably available
   35.     Application to change nominated officer
   36.     Licensee may substitute nominated officer for limited period
   37.     Licensee may apply to extend appointment of substitute nominated officer

           Division 4 - Other obligations

   38.     Production of licence
   39.     Licensees must not transfer licence etc.
   40.     Licensees to notify chief executive of particular changes in circumstances

   PART 5 - OBTAINING INFORMATION

   41.     Chief executive may require information about applications
   42.     Chief executive may enter applicants’ place of business for particular purposes
   43.     Chief executive may require licensees to give information
   44.     Inquiries about whether persons are fit and proper and financially viable
   45.     Use of criminal history report and information
   46.     Confidentiality of criminal history information

   PART 6 - MONITORING AND ENFORCEMENT

           Division 1 - Appointment of inspectors

   47.     Functions
   48.     Appointment
   49.     Appointment conditions and limit on powers
   50.     When office ends
   51.     Resignation
   52.     Identity cards
   53.     Production and display of identity card
   54.     Return of identity card

           Division 2 - Powers of entry

              Subdivision 1 - Power to enter

   55.     General power to enter places
   56.     Limitation on entry powers

              Subdivision 2 - Entry by consent

   57.     Application of subdivision
   58.     Incidental entry to ask for access
   59.     Matters inspector must tell occupier
   60.     Consent acknowledgement

              Subdivision 3 - Entry under warrant

   61.     Application for warrant
   62.     Issue of warrant
   63.     Electronic application
   64.     Additional procedure if electronic application
   65.     Defect in relation to warrant

              Subdivision 4 - Entry procedure

   66.     Entry procedure

           Division 3 - Powers after entering places

              Subdivision 1 - General

   67.     Application of subdivision
   68.     General powers
   69.     Power to require reasonable help
   70.     Power to require production of documents
   71.     Power to require information or attendance

              Subdivision 2 - Seizure of evidence

   72.     Seizing evidence at a place that may be entered without consent or warrant
   73.     Seizing evidence at a place that may be entered only with consent or warrant
   74.     Seizure of property subject to security
   75.     Power to secure seized things
   76.     Tampering with seized things
   77.     Receipt and information notice for seized thing
   78.     Access to seized thing
   79.     Return of seized thing
   80.     Forfeiture of seized thing
   81.     Information notice about forfeiture decision
   82.     When thing becomes property of the State
   83.     How property may be dealt with
   84.     Disposal order

           Division 4 - Miscellaneous provisions relating to inspectors

   85.     Duty to avoid inconvenience and minimise damage
   86.     Notice of damage
   87.     Compensation

           Division 5 - Obstruction and failure to comply with inspectors

   88.     Obstructing inspectors
   89.     Failure to comply with requirements of inspectors

   PART 7 - GENERAL OFFENCE PROVISIONS

   90.     Persons must report avoidance arrangements
   91.     False or misleading information
   92.     Persons considered parties to offences

   PART 8 - REVIEWS AND APPEALS

           Division 1 - Reviews

   93.     Application for review
   94.     How to apply
   95.     Chief executive must notify licensee of application by another person
   96.     Stay of operation of decision
   97.     Review decision

           Division 2 - Appeals

   98.     Who may appeal

   PART 9 - LEGAL PROCEEDINGS

   99.     Evidentiary matters
   100.    Offence proceedings
   101.    Evidential immunity for individuals complying with particular requirements

   PART 10 - MISCELLANEOUS

   102.    Waiver of particular requirements to give information
   103.    Register of licences
   104.    Disclosure of confidential information
   105.    Publication of information
   106.    Delegation
   107.    Approved forms
   108.    Regulation-making power

   PART 11 - TRANSITIONAL PROVISIONS

   109.    Supply of workers within 60 days of commencement
   110.    Transitional regulation-making power
           SCHEDULE 1