{"id":"employment-agents-registration-act-1993","name":"Employment Agents Registration Act 1993","slug":"employment-agents-registration-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31975,"registerId":"sa-employment-agents-registration-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Employment Agents Registration Act 1993","content":"South Australia\nEmployment Agents Registration Act 1993\nAn Act to regulate employment agents; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tExemptions\n5\tNon-derogation\nPart 2—Licensing scheme\nDivision 1—Licensing of agents\n6\tRequirement to be licensed\n7\tApplication for a licence\n8\tTerm of licence\n9\tApplication for renewal of a licence\n10\tLicence conditions\n11\tAppointment of a manager\n12\tTransfer and surrender of licences\n13\tCancellation of licences\n14\tPerson not entitled to fees etc if acts as agent in contravention of Division\nDivision 2—Licensing appeals\n15\tReviews\nDivision 3—Supplementary provisions\n16\tRegistered premises\n17\tNotice to be displayed\n18\tDeath of licensee\nPart 3—Provisions applying to employment agents\n19\tDisplay of information at registered premises\n20\tResponsibilities to workers\n21\tResponsibilities to employers\n22\tRecords etc to be kept\nPart 4—Miscellaneous\n23\tInspections\n24\tProhibition against assisting a person falsely to pretend to be an employment agent etc\n25\tLiability of agents for acts or omissions of employees etc\n26\tFalse or misleading information\n28\tCommencement of prosecutions\n29\tDelegation by Director\n30\tRegulations\n31\tTransitional provisions\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Employment Agents Registration Act 1993.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nthe Director means—\n\t(a)\tthe person for the time being holding, or acting in, the office of the Chief Executive Officer of the Department of the Minister to whom the administration of this Act is committed; or\n\t(b)\tany other person directed by the Minister to exercise the powers of the Director under this Act;\nemployer means a person by whom a worker is employed under an employment contract, or for whom work is done by a worker under an employment contract;\nemployment means work done under an employment contract;\nemployment agent means a person who, for monetary or other consideration, carries on the business of—\n\t(a)\tprocuring workers for persons who desire to employ or engage others in any kind of work; or\n\t(b)\tprocuring employment for persons who desire to be employed or engaged by others in any kind of work,\nbut does not include—\n\t(c)\ta charitable or benevolent organisation which carries on any such activity on a non-profit basis; or\n\t(d)\tan organisation or association of a class excluded from this definition by the regulations;\nemployment contract means—\n\t(a)\ta contract of service under which one person (the worker) is employed by another (the employer); or\n\t(b)\ta contract, arrangement or understanding (not being a contract of service) under which one person (the worker) is engaged by another (the employer) to perform remunerated work for the employer, other than where—\n\t(i)\tthe work is ancillary to—\n\t(A)\tthe supply of goods by the person performing the work; or\n\t(B)\tthe use of goods that are the property of the person performing the work; or\n\t(C)\tthe conveyance of goods by means of a vehicle provided by a person other than the employer; or\n\t(ii)\tthe contract, arrangement or understanding is of a class excluded from this definition by the regulations;\nfee includes any remuneration, commission or other consideration;\ninspector means an inspector appointed under the Industrial Relations Act (S.A.) 1972;\nlicence means a licence under this Act;\nmanager means a person nominated under this Act to be the manager of a business carried on by an employment agent;\nregistered premises means premises under section 16;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nworker means a natural person by whom work is performed under an employment contract.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n4—Exemptions\n\t(1)\tThe Minister may, by notice in the Gazette, confer exemptions from specified provisions of this Act—\n\t(a)\ton specified persons or persons of a specified class; or\n\t(b)\tin relation to specified premises or premises of a specified class.\n\t(2)\tAn exemption under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit.\n\t(3)\tThe Minister may, at any time, by further notice in the Gazette—\n\t(a)\tvary or revoke an exemption under subsection (1);\n\t(b)\tvary or revoke a condition under subsection (2).\n\t(4)\tA person who contravenes or fails to comply with a condition of an exemption is guilty of an offence.\nPenalty: Division 5 fine.\n5—Non-derogation\n\t(1)\tThe provisions of this Act are in addition to and do not derogate from the provisions of any other Act.\n\t(2)\tExcept as expressly provided, this Act will not be taken to limit or derogate from any civil remedy at law or in equity.\nPart 2—Licensing scheme\nDivision 1—Licensing of agents\n6—Requirement to be licensed\nA person must not—\n\t(a)\tcarry on business as an employment agent; or\n\t(b)\thold himself or herself out as an employment agent,\nunless that person holds a licence under this Division.\nPenalty: Division 5 fine.\n7—Application for a licence\n\t(1)\tAn application for a licence must—\n\t(a)\tbe made to the Director; and\n\t(b)\tbe in writing in a form approved by the Minister; and\n\t(c)\tbe accompanied by at least two character references—\n\t(i)\twhich are supplied by persons who are not disqualified under the regulations; and\n\t(ii)\twhich comply with the requirements prescribed by the regulations; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(2)\tAn applicant for a licence must furnish the Director with such further information (verified, if the Director so requires, by statutory declaration) as the Director may require.\n\t(3)\tWhere an applicant is a body corporate, the applicant must furnish the Director with the name of a natural person who is a resident of the State and is to act as the manager of the business that is to be conducted in pursuance of the licence, and with such other information relating to that person as the regulations may require.\n\t(4)\tAn applicant for a licence must cause the application to be advertised in the prescribed manner.\n\t(5)\tAny person may, within 10 days from the date on which an application is advertised pursuant to subsection (4), lodge with the Director a written objection to the application setting out the grounds of objection (which grounds must be relevant to the matters set out in subsection (11)).\n\t(6)\tThe Director may, on the application of an interested person, in his or her absolute discretion and subject to such conditions as the Director thinks fit, extend the period for lodging objections.\n\t(7)\tWhere—\n\t(a)\tan objection is lodged under subsection (5); or\n\t(b)\tthe Director does not propose to grant an application on the basis of documentary material alone,\nthe Director will conduct a hearing of the application after giving the applicant and any objector at least seven days notice of the date of the hearing.\n\t(8)\tThe regulations may specify the time within which the Director should decide an application for a licence (subject to the qualification that that time will be extended by such time as the applicant may take to furnish any information under subsection (2) and by such time (if any) as may be allowed on an extension of the period referred to in subsection (6)).\n\t(9)\tIf the Director does not decide an application within the prescribed time, the applicant may, by notice in writing served on the Director, require the Director to determine the application within a period (being a period of not less than one month) specified by the applicant in the notice.\n\t(10)\tThe Director is taken to have refused an application that is not decided within the period specified under subsection (9).\n\t(11)\tThe Director must, subject to this Act, grant a licence to an applicant if satisfied—\n\t(a)\tthat—\n\t(i)\tin the case of an applicant who is a natural person—\n\t(A)\tthe applicant is a fit and proper person to hold a licence; and\n\t(B)\tthe applicant, or a person employed by the applicant to act as the manager of the business that is to be conducted in pursuance of the licence, has sufficient knowledge and experience for the purpose of properly operating or managing the business of an employment agent;\n\t(ii)\tin the case of an applicant which is a body corporate—\n\t(A)\tevery person who is, in the opinion of the Director, in a position to control or influence substantially the affairs of the body corporate is a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of a licence; and\n\t(B)\tthe person nominated by the applicant to act as the manager of the business that is to be conducted in pursuance of the licence has sufficient knowledge and experience for the purpose of properly managing the business of an employment agent; and\n\t(b)\tthat the applicant has made suitable arrangements to fulfil the obligations that may arise under this Act.\n\t(12)\tWhere the Director grants a licence, the licence does not come into force until the prescribed licence fee is paid.\n\t(13)\tWhere the Director refuses an application for a licence, the Director must notify the applicant in writing of—\n\t(a)\tthe refusal; and\n\t(b)\tthe reasons for the refusal; and\n\t(c)\tany review rights that the applicant may have under this Act.\n8—Term of licence\nSubject to this Act, a licence remains in force for such period (not exceeding two years) as is stated in the licence.\n9—Application for renewal of a licence\n\t(1)\tAn application for the renewal of a licence must—\n\t(a)\tbe made to the Director; and\n\t(b)\tbe in writing in a form approved by the Minister; and\n\t(c)\tbe accompanied by the prescribed fee.\n\t(2)\tAn application for renewal must be made not less than the prescribed number of days before the date of expiry of the licence.\n\t(3)\tThe Director may, in the Director's discretion, determine a late application for renewal provided that the applicant pays the prescribed late application fee.\n\t(4)\tThe Director must, by notice in writing served on the applicant, give a decision on an application for the renewal of a licence before the date of expiry of the licence and, in the case of a decision refusing an application, state in the notice—\n\t(a)\tthe reasons for the refusal; and\n\t(b)\tany review rights that the applicant may have under this Act.\n\t(5)\tThe Director may refuse to renew a licence on any ground on which a licence may be cancelled (see section 13).\n10—Licence conditions\n\t(1)\tA licence is subject to—\n\t(a)\tany condition prescribed by the regulations; and\n\t(b)\tany condition imposed by the Director.\n\t(2)\tThe Director may impose licence conditions with respect to such matters as are contemplated by this Act or as the Director considers necessary or expedient for the purposes of this Act.\n\t(3)\tConditions of a licence imposed by the Director—\n\t(a)\t—\n\t(i)\tif imposed at the time of grant or renewal of the licence—must be included in the licence itself; or\n\t(ii)\tif imposed during the currency of the licence—must be imposed by notice in writing served on the holder of the licence; and\n\t(b)\tmay be varied or revoked at any time by notice in writing served on the holder of the licence.\n\t(4)\tThe holder of a licence who contravenes, or fails to comply with, a condition to the licence is guilty of an offence.\nPenalty: Division 6 fine.\n11—Appointment of a manager\n\t(1)\tWhere—\n\t(a)\tthe holder of a licence is not directly involved in the management of the relevant business; or\n\t(b)\tthe holder of a licence is a body corporate,\nthe business conducted in pursuance of the licence must be managed under the personal supervision of a natural person who is a resident of the State and is approved by the Director in accordance with this Act.\n\t(2)\tIf a business is not managed as required by subsection (1) for a period exceeding 14 days, or such longer period as may be allowed by the Director, the holder of the licence is guilty of an offence.\nPenalty: Division 6 fine.\n12—Transfer and surrender of licences\n\t(1)\tAn application may be made to the Director for the transfer of a licence.\n\t(2)\tAn application for the transfer of a licence must—\n\t(a)\tbe in such manner and form as is determined by the Minister for the purposes of this section; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(3)\tAn applicant must furnish the Director with such further information (verified, if the Director so requires, by statutory declaration) as the Director may require.\n\t(4)\tThe Director must, on due application under this section and payment of the prescribed fee, transfer the licence to the proposed transferee if the Director is satisfied that the proposed transferee would be a suitable person to be granted a licence under this Division.\n\t(5)\tThe holder of a licence may, at any time, surrender the licence, and the licence then ceases to be of force or effect.\n13—Cancellation of licences\n\t(1)\tThe Director may cancel a licence if satisfied, on reasonable grounds—\n\t(a)\tthat the licence has been obtained improperly; or\n\t(b)\tthat the holder of the licence has contravened, or failed to comply with, a condition of the licence; or\n\t(c)\tthat the holder of the licence has contravened, or failed to comply with, a provision of this Act; or\n\t(d)\tthat the holder of the licence is no longer a fit and proper person to hold a licence or, in the case of a body corporate, that a person who has gained or is in a position to control or influence substantially the affairs of the body corporate is not or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of a licence.\n\t(2)\tBefore the Director acts under this section, the Director must—\n\t(a)\tnotify the holder of the licence in writing of the proposed cancellation of the licence; and\n\t(b)\tallow the holder of the licence at least 28 days within which to make submissions in relation to that proposed action.\n14—Person not entitled to fees etc if acts as agent in contravention of Division\nWhere a person acts as an employment agent in contravention of a provision of this Division—\n\t(a)\tthe person is not entitled to recover any fee for so acting; and\n\t(b)\tif the person has received any fee for so acting, a court convicting the person of an offence in respect of the contravention may, on the application of the prosecutor, order the person to repay the amount or value of the fee.\nDivision 2—Licensing appeals\n15—Reviews\n\t(1)\tThe Tribunal has jurisdiction to deal with matters consisting of a review of a decision of the Director under Division 1. \n\t(2)\tAn application for review of a decision of the Director under Division 1 may be made to the Tribunal within 28 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).\n\t(3)\tWithout derogating from the powers of the Tribunal under section 36 of the South Australian Civil and Administrative Tribunal Act 2013, if a review relates to a decision of the Director—\n\t(a)\tto refuse to renew a licence; or\n\t(b)\tto refuse to transfer a licence; or\n\t(c)\tto cancel a licence,\nthe Director or the Tribunal may order that the licence remain in force until the determination of the review.\nDivision 3—Supplementary provisions\n16—Registered premises\n\t(1)\tSubject to this section, the holder of a licence must not carry on business as an employment agent except at premises registered under this section.\nPenalty: Division 7 fine.\n\t(2)\tAn application for registration must be made to the Director in a form approved by the Minister.\n\t(3)\tThe Director may, on application, permit an employment agent on a day, or over a period, specified by the Director, to carry on business at a place (other than the registered premises of the agent) specified by the Director.\n\t(4)\tAn employment agent must, within 14 days after ceasing to carry on business at registered premises, notify the Director in writing of that fact.\nPenalty: Division 7 fine.\n17—Notice to be displayed\nA person carrying on business as an employment agent in pursuance of a licence must maintain in a conspicuous position at any registered premises a notice clearly showing—\n\t(a)\tthe name of the agent as it appears in the licence or a registered business name in which the agent carries on business as an agent and of which the Director has been given prior notice in writing; and\n\t(b)\tif a manager has been appointed, the name of the manager of the business.\nPenalty: Division 11 fine.\n18—Death of licensee\nWhere the holder of a licence dies, the personal representative of the deceased, or some other person approved by the Director, is to be taken to be the holder of the licence (on the same conditions as were applicable to the former holder of the licence) as from the date of death until the expiration of six months from that date or until such later date as may be fixed by the Director.\nPart 3—Provisions applying to employment agents\n19—Display of information at registered premises\n\t(1)\tAn employment agent must maintain in a conspicuous place at any registered premises a notice clearly showing the scale of fees for the time being chargeable by the agent in respect of his or her business.\n\t(2)\tA copy of the scale of fees, and a copy of any alterations to such a scale, must be lodged with the Director in accordance with the regulations.\n\t(3)\tIf a preceding provision of this section is not observed, the employment agent is guilty of an offence.\nPenalty: Division 6 fine.\n20—Responsibilities to workers\n\t(1)\tSubject to this section, an employment agent must not demand or receive any fee from a person by virtue only of the fact that—\n\t(a)\tthe person is listed with the employment agent as a person who is seeking employment; or\n\t(b)\tthe employment agent is seeking employment for the person.\n\t(2)\tSubsection (1) does not—\n\t(a)\tprevent an employment agent requiring a person to pay a deposit before the employment agent begins to seek employment for the person but, if such a deposit is paid, the deposit must be held by the employment agent until—\n\t(i)\temployment is found for the worker—in which case the deposit can be applied by the employment agent towards any fee payable by the person; or\n\t(ii)\tthe person ceases to be listed with the employment agent as a person who is seeking employment—in which case the deposit must be repaid to the person; or\n\t(iii)\tthe employment agent and the person agree to the repayment of the deposit; or\n\t(b)\tprevent any payment of a kind authorised by the regulations.\n\t(3)\tAn employment agent must not—\n\t(a)\tcharge a worker a fee which is calculated on a recurring basis;\n\t(b)\tcharge a worker a fee if the employment agent hires or engages the worker to work for the employment agent.\n\t(4)\tWhere an employment agent procures employment for a person, the employment agent must ensure that the person is given (for retention by the person) a statement in the prescribed form containing the following information:\n\t(a)\tthe name and business address of the employer; and\n\t(b)\twhere the person must first attend for the purposes of the employment; and\n\t(c)\twhether the Workers Rehabilitation and Compensation Act 1986 will apply in relation to the person and details of any other insurance arrangements that will apply in respect of the employment (including who will be responsible for the payment of any premium); and\n\t(d)\tthe arrangements (if any) that will apply for the payment of income tax; and\n\t(e)\tthe name of any award that applies in relation to the employment; and\n\t(f)\tdetails of any occupational superannuation to which the person will be entitled; and\n\t(g)\tdetails of any entitlements to paid leave that will accrue during the employment; and\n\t(h)\tdetails of any expenses (or kinds of expenses) which will be reimbursed or otherwise paid for by the employer.\n\t(5)\tIf a preceding provision of this section is not observed, the employment agent is guilty of an offence.\nPenalty: Division 6 fine.\n21—Responsibilities to employers\n\t(1)\tSubject to this section, an employment agent must not demand or receive any fee from a person in respect of seeking or obtaining another to work for the person unless—\n\t(a)\tthe worker (or prospective worker) has made contact with the person about that employment; or\n\t(b)\tthe fee is payable pursuant to a written agreement between the person and the employment agent.\n\t(2)\tSubsection (1) does not—\n\t(a)\tprevent an employment agent requiring a person to pay a deposit before the employment agent begins the search for a worker but, if such a deposit is paid, the deposit must be held by the employment agent until—\n\t(i)\ta fee becomes chargeable under subsection (1); or\n\t(ii)\tthe person ceases to be listed with the employment agent as a person who is seeking a worker—in which case the deposit must be applied towards any fee payable by the person to the employment agent, or otherwise paid in accordance with a written agreement between the person and the employment agent; or\n\t(iii)\tthe employment agent and the person agree on the repayment of the deposit; or\n\t(b)\tprevent any payment of a kind authorised by the regulations.\n\t(3)\tAn employment agent must not charge an employer a fee which exceeds the rate of payment set out in the scale of fees displayed at the agent's registered premises and applicable to the particular case.\n\t(4)\tIf a preceding provision of this section is not observed, the employment agent is guilty of an offence.\nPenalty: Division 6 fine.\n22—Records etc to be kept\n\t(1)\tAn employment agent must keep or cause to be kept fully and correctly a record system which contains—\n\t(a)\tthe name of each client of the agent's business; and\n\t(b)\tdetails of any deposit paid to the employment agent; and\n\t(c)\tprescribed information as to any employment arranged by or through the employment agent; and\n\t(d)\tdetails of any fee paid to the agent in connection with the hiring or engagement of any worker; and\n\t(e)\tsuch other information as may be prescribed by the regulations.\n\t(2)\tAn employment agent must keep such other prescribed records, accounts and documents in relation to his or her functions as an employment agent.\n\t(3)\tAn employment agent must cause the records, accounts and documents required under subsection (1) and (2) to be kept on his or her registered premises for the period of one year after their making.\n\t(4)\tIf a preceding provision of this section is not observed, the employment agent is guilty of an offence.\nPenalty: Division 7 fine.\nPart 4—Miscellaneous\n23—Inspections\n\t(1)\tAn inspector may, for any purpose connected with the administration or enforcement of this Act—\n\t(a)\tat any reasonable time enter and inspect premises;\n\t(b)\trequire any person to produce any records, accounts or documents relating to the business of an employment agent;\n\t(c)\texamine, copy and take extracts from any records, accounts or documents so produced;\n\t(d)\trequire a person who the inspector reasonably suspects has committed an offence against this Act to state the person's full name and usual place of residence;\n\t(e)\trequire a person who the inspector reasonably suspects has knowledge concerning any matter relating to the administration of this Act to answer questions in relation to those matters;\n\t(f)\trequire a person holding or required to hold a licence under this Act to produce the licence for inspection.\n\t(2)\tIn the exercise of powers under this section an inspector may be assisted by such persons as may be reasonable in the circumstances.\n\t(3)\tThe person in charge of premises at the relevant time must give to an inspector or a person assisting an inspector such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.\nPenalty: Division 6 fine.\n\t(4)\tSubject to subsection (5), a person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an inspector, or a person assisting an inspector, in the exercise of powers conferred by this section; or\n\t(b)\tuses abusive, threatening or insulting language to an inspector, or a person assisting an inspector; or\n\t(c)\twithout reasonable excuse, refuses or fails to comply with a requirement or direction of an inspector; or\n\t(d)\twithout reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an inspector; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an inspector,\nis guilty of an offence.\nPenalty: Division 6 fine.\n\t(5)\tA person is not required to answer a question put by an inspector, or to produce a document, if the answer, or the contents of the document, would tend to incriminate him or her of an offence.\n\t(6)\tAn inspector, or a person assisting an inspector, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\nPenalty: Division 6 fine.\n24—Prohibition against assisting a person falsely to pretend to be an employment agent etc\nNo person (whether licensed under this Act or not) must supply or lend any document or form or provide any other assistance to another person for the purpose of enabling that other person falsely to pretend to be a licensed employment agent, or a person who, in the course of a business, performs any of the functions of an employment agent.\nPenalty: Division 9 fine.\n25—Liability of agents for acts or omissions of employees etc\nFor the purposes of this Act, an act or omission of a person employed by an employment agent (whether under a contract of service or otherwise) will be taken to be an act or omission of the employment agent unless the employment agent proves that the person was not acting in the course of the employment.\n26—False or misleading information\nA person must not, in furnishing any information required under this Act, make a statement that is false or misleading in a material particular.\nPenalty: Division 6 fine.\n28—Commencement of prosecutions\n\t(1)\tProceedings for an offence against this Act must be commenced within three years after the date on which the offence is alleged to have been committed.\n\t(2)\tProceedings for an offence against this Act must not be commenced by a person other than the Director or an inspector except with the consent of the Minister.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Minister certifying that the Minister has consented to the commencement of proceedings for an offence against this Act will, in the absence of proof to the contrary, be accepted as proof of the matter so certified.\n29—Delegation by Director\n\t(1)\tThe Director may, by instrument in writing, delegate to any person engaged in the administration of this Act any of his or her powers or functions under this Act.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tis revocable at will; and\n\t(b)\tdoes not prevent the Director from acting personally in any matter.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Director containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof of those particulars.\n30—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\texempt, either absolutely or subject to prescribed limitations or conditions, any person or premises, or classes of persons or premises, from this Act or specified provisions of this Act;\n\t(b)\tprovide for and prescribe the form of any notice under this Act;\n\t(c)\tprovide the manner in which any notice may or must be given;\n\t(d)\tprovide for and regulate the display of licences and notices at any premises;\n\t(e)\trequire the provision of returns and other forms of information to the Director by employment agents;\n\t(f)\trequire the provision of information to persons who deal with employment agents;\n\t(g)\tprescribe fees for the purposes of this Act (including annual fees payable by the holders of licences under this Act);\n\t(h)\tprescribe penalties, not exceeding a division 7 fine, for breach of, or non-compliance with, any regulation.\n\t(3)\tAny regulations made under this Act may be of a general or limited application and may vary according to the persons or classes of persons, the times, the places or the circumstances to which they are expressed to apply.\n31—Transitional provisions\n\t(2)\tOn the repeal of the Employees Registry Offices Act 1915—\n\t(a)\ta licensee under that Act will be taken to be the holder of a licence under this Act (and the Director must issue an appropriate licence to that licensee); and\n\t(b)\tlicensed premises under that Act will be taken to be registered premises under this Act; and\n\t(c)\ta person holding an appointment as a manager under that Act will be taken to be approved as a manager under this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Employment Agents Registration Act 1993 repealed the following:\nEmployees Registry Offices Act 1915\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1993\n69\nEmployment Agents Registration Act 1993\n9.9.1993\n9.9.1995 (s 7(5) Acts Interpretation Act 1915)\n2011\n36\nStatutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 9 (s 11)—1.1.2012 (Gazette 15.12.2011 p4988)\n2019\n14\nStatutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 10 (ss 73 to 77)—2.12.2019 (Gazette 21.11.2019 p3928)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\nTribunal\ninserted by 14/2019 s 73\n2.12.2019\nPt 2\n\n\ns 7\n\n\ns 7(13)\namended by 14/2019 s 74\n2.12.2019\ns 9\n\n\ns 9(4)\namended by 14/2019 s 75\n2.12.2019\ns 15\nsubstituted by 14/2019 s 76\n2.12.2019\nPt 4\n\n\ns 27\ndeleted by 36/2011 s 11\n1.1.2012\ns 31\n\n\ns 31(1)\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT) Act 2019, Pt 10\n77—Transitional provisions\n\t(1)\tA right to appeal to the Magistrates Court under section 15 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(2)\tNothing in this section affects any proceedings before the Magistrates Court commenced under the principal Act before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Employment Agents Registration Act 1993;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n1.1.2012\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be determined. The legislative text was not returned — only a website error page was provided. No comparison between original intent and current provisions is possible without access to the actual Act."},"complexity_factors":["No legislative content was retrievable — the source returned a website error page, not the text of the Act","Complexity cannot be meaningfully assessed without the actual provisions, definitions, schedules, or regulations","Score of 1 reflects the absence of any analysable legal content, not the simplicity of the underlying law"],"plain_english_summary":"The Employment Agents Registration Act 1993 historically regulated businesses that find jobs for people, requiring registration and standards to protect jobseekers from exploitation. The full text wasn’t provided here, so specifics, amendments or current obligations can’t be relied on without consulting the legislation directly."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The administrative and review architecture has changed since the original Act. Appeals/reviews under Division 2 were shifted to the South Australian Civil and Administrative Tribunal (Tribunal) by the Statutes Amendment (SACAT) Act 2019 (see s15 as substituted; legislative history Pt 10, ss 73–77). Earlier transitional arrangements carried existing licence rights from the repealed Employees Registry Offices Act 1915 into this Act (s31(2)). Other amendments (notably Pt 9 s11 from the 2011 Act) adjusted operational provisions. These changes alter procedures and forums for review and certain administrative details while retaining the Act’s core regulatory scope over employment agents."},"complexity_factors":["Mandatory licensing with criminal/penalty consequences (s6; Penalty: Division 5 fine).","Detailed application, character-reference and information requirements; Director may require statutory declarations (s7(1)–(3)).","Wide Director discretion to grant/refuse licences subject to fitness, experience and arrangements criteria (s7(11)); licence does not operate until fee paid (s7(12)).","Licence conditions may be prescribed by regulation or imposed/varied by the Director during currency of a licence (s10(1)–(3)); breach is an offence (s10(4)).","Obligation to nominate and obtain Director approval for a resident-manager when holder is not managing or is a body corporate; strict management continuity rule (s11(1)–(2)).","Transfer, surrender and cancellation regime with procedural steps (transfer: s12; cancellation on reasonable grounds and 28 days' notice to make submissions: s13(1)–(2)).","Appeals/reviews moved to the Tribunal with stay powers in some cases (s15); legislative history records substitution (Statutes Amendment (SACAT) Act 2019).","Registered-premises and conspicuous notice/display duties; limited permission for temporary alternative locations (s16–17).","Substantive duties to workers and employers, including prohibitions on certain fees, deposit rules, required written statements to workers and capped employer fees by displayed scale (s20–21).","Recordkeeping obligations, storage at premises for one year and inspection powers for inspectors including production, copying and questioning (s22; s23(1)–(3)).","Ministerial power to grant, vary or revoke class or person exemptions and to attach conditions by Gazette (s4), and broad regulation-making powers (s30) enabling detailed subordinate rules.","Enforcement constraints and modalities: who may commence prosecutions and time limit (s28(1)–(2)), and divisional penalty/expiation framework (Appendix)."],"plain_english_summary":"This Act makes it an offence to operate as an employment agent in South Australia unless licensed and to charge or recover prohibited fees. The Director and Minister set licensing, manager-approval, fee-display, recordkeeping and inspection rules; enforcement uses fines, licence cancellation and restricted rights to recover fees. Licensed agents—and indirectly their employer and worker clients—bear compliance costs and penalties; licensing decisions and conditions are administratively discretionary and appealable to the Tribunal."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a licensing and regulatory scheme for employment agents. The 2019 amendments replaced Magistrates Court appeals with the South Australian Civil and Administrative Tribunal (SACAT), and the 2011 amendments removed a specific section on directors' liability, but these are procedural updates rather than scope expansion. The core purpose remains regulating employment agents through licensing, consumer protection, and enforcement mechanisms as originally enacted in 1993."},"complexity_factors":["Moderate length (31 sections plus appendix) but relatively straightforward structure","Multiple defined terms in section 3 (12 defined terms including nested definitions for 'employment contract')","Conditional logic in several sections (e.g., section 7(11) has alternative tests for natural persons vs bodies corporate)","Cross-references to external legislation (Industrial Relations Act 1972, South Australian Civil and Administrative Tribunal Act 2013, Workers Rehabilitation and Compensation Act 1986)","Penalty structure relies on external 'divisional penalties' system (Acts Interpretation Act 1915) rather than stated dollar amounts in the Act itself","Some nested exceptions (e.g., section 3 definition of 'employment agent' excludes charitable organisations, then section 3 definition of 'employment contract' has multiple sub-exclusions)","Regulatory delegation - many details left to regulations (forms, fees, specific record requirements, additional exemptions)"],"plain_english_summary":"**What this law does:**\n\nThis is a South Australian law that regulates **employment agents** — businesses that match workers with employers for a fee (like recruitment agencies or labour hire firms).\n\n**Key rules:**\n\n- **You need a licence** to operate as an employment agent. Operating without one is an offence, and you can't charge fees if you're unlicensed.\n- **Getting a licence** involves applying to the Director (a government official), providing character references, advertising the application, and paying fees. The Director checks you're a \"fit and proper person\" with enough experience.\n- **Licences last up to 2 years** and must be renewed. They can be cancelled if you break the rules or are no longer \"fit and proper.\"\n- **Registered premises**: You must operate from approved premises and display your licence details and fee scales prominently.\n- **Protections for workers**: Agents generally **cannot charge workers just for listing them** or finding them jobs. They can take a deposit, but must return it if no job is found. They must give workers written details about the job, including pay, superannuation, and insurance.\n- **Protections for employers**: Agents can't charge fees unless there's a written agreement or the worker has actually made contact. Fees must match the displayed scale.\n- **Record keeping**: Agents must keep detailed records of clients, deposits, and fees for at least a year.\n- **Inspections**: Government inspectors can enter premises, check records, and ask questions (though you can refuse to answer if it would incriminate you).\n\n**Who it affects:**\n- Employment agents (recruiters, labour hire companies)\n- Workers looking for jobs through agents\n- Employers using agents to find staff\n\n**Why it matters:**\nThis law protects job seekers from being exploited by dodgy recruiters (for example, being charged fees just to be put on a list) and ensures employment agents operate transparently with proper oversight. It creates a licensing system that weeds out unqualified or dishonest operators."}},"importantCases":[],"_links":{"self":"/api/acts/employment-agents-registration-act-1993","history":"/api/acts/employment-agents-registration-act-1993/history","analysis":"/api/acts/employment-agents-registration-act-1993/analysis","conflicts":"/api/acts/employment-agents-registration-act-1993/conflicts","importantCases":"/api/acts/employment-agents-registration-act-1993/important-cases","documents":"/api/acts/employment-agents-registration-act-1993/documents"}}