{"id":"qld:act-2017-033","name":"Labour Hire Licensing Act 2017","slug":"labour-hire-licensing-act-2017","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"33 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29620,"registerId":"qld-act-2017-033-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Labour Hire Licensing Act 2017 .\n(sec.1-ssec) This Act may be cited as the Labour Hire Licensing Act 2017 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes of Act","content":"### sec.3 Main purposes of Act\n\nThe main purposes of this Act are to—\nprotect workers from exploitation by providers of labour hire services; and\npromote the integrity of the labour hire industry.\nThe main purposes are to be primarily achieved by establishing a licensing scheme to regulate the provision of labour hire services.\n(sec.3-ssec.1) The main purposes of this Act are to— protect workers from exploitation by providers of labour hire services; and promote the integrity of the labour hire industry.\n(sec.3-ssec.2) The main purposes are to be primarily achieved by establishing a licensing scheme to regulate the provision of labour hire services.\n- (a) protect workers from exploitation by providers of labour hire services; and\n- (b) promote the integrity of the labour hire industry.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State.\n(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Extraterritorial application of Act","content":"### sec.5 Extraterritorial application of Act\n\nThis Act applies—\ninside Queensland; and\noutside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\n- (a) inside Queensland; and\n- (b) outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of provider and labour hire services","content":"### sec.7 Meaning of provider and labour hire services\n\nA person (a provider ) provides labour hire services if, in the course of carrying on a business, the person supplies, to another person, a worker to do work.\na contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower\na group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer\nan employment agency who on-hires temporary administration staff to a business\nWithout limiting subsection (1) , a provider provides labour hire services regardless of—\nwhether or not the worker is an employee of the provider; and\nwhether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and\nwhether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and\nwhether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person.\nHowever, a person does not provide labour hire services merely because—\nthe person is a private employment agent under the Private Employment Agents Act 2005 ; or\nthe person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 , section 10 , and engages subcontractors to carry out the work; or\nthe person is, or is of a class of person, prescribed by regulation.\nA regulation may prescribe a person, or a class of person, under subsection (3) (c) only if the supply of a worker by the person or class of person is not a dominant purpose of the business ordinarily carried on by the person or class of persons.\n(sec.7-ssec.1) A person (a provider ) provides labour hire services if, in the course of carrying on a business, the person supplies, to another person, a worker to do work. a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower a group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer an employment agency who on-hires temporary administration staff to a business\n(sec.7-ssec.2) Without limiting subsection (1) , a provider provides labour hire services regardless of— whether or not the worker is an employee of the provider; and whether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and whether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and whether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person.\n(sec.7-ssec.3) However, a person does not provide labour hire services merely because— the person is a private employment agent under the Private Employment Agents Act 2005 ; or the person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 , section 10 , and engages subcontractors to carry out the work; or the person is, or is of a class of person, prescribed by regulation.\n(sec.7-ssec.4) A regulation may prescribe a person, or a class of person, under subsection (3) (c) only if the supply of a worker by the person or class of person is not a dominant purpose of the business ordinarily carried on by the person or class of persons.\n- • a contractor who supplies workers to a farmer or fruit grower to pick produce for the farmer or grower\n- • a group training organisation or principal employer organisation under the Further Education and Training Act 2014 that supplies an apprentice or trainee to an employer\n- • an employment agency who on-hires temporary administration staff to a business\n- (a) whether or not the worker is an employee of the provider; and\n- (b) whether or not a contract is entered into between the worker and the provider, or between the provider and the person to whom the worker is supplied; and\n- (c) whether the worker is supplied by the provider to another person directly or indirectly through 1 or more agents or intermediaries; and\n- (d) whether the work done by the worker is under the control of the provider, the person to whom the worker is supplied or another person.\n- (a) the person is a private employment agent under the Private Employment Agents Act 2005 ; or\n- (b) the person is a contractor who enters into a contract to carry out construction work within the meaning of the Building and Construction Industry Payments Act 2004 , section 10 , and engages subcontractors to carry out the work; or\n- (c) the person is, or is of a class of person, prescribed by regulation.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of worker","content":"### sec.8 Meaning of worker\n\nAn individual is a worker for a provider if the individual enters into an arrangement with the provider under which—\nthe provider may supply, to another person, the individual to do work; and\nthe provider is obliged to pay the worker, in whole or part, for the work.\nHowever, an individual is not a worker if the individual is, or is of a class of individual, prescribed by regulation.\nTo remove any doubt, it is declared that a worker includes an apprentice or trainee under a training contract entered into with a provider who is a group training organisation or principal employer organisation under the Further Education and Training Act 2014 .\n(sec.8-ssec.1) An individual is a worker for a provider if the individual enters into an arrangement with the provider under which— the provider may supply, to another person, the individual to do work; and the provider is obliged to pay the worker, in whole or part, for the work.\n(sec.8-ssec.2) However, an individual is not a worker if the individual is, or is of a class of individual, prescribed by regulation.\n(sec.8-ssec.3) To remove any doubt, it is declared that a worker includes an apprentice or trainee under a training contract entered into with a provider who is a group training organisation or principal employer organisation under the Further Education and Training Act 2014 .\n- (a) the provider may supply, to another person, the individual to do work; and\n- (b) the provider is obliged to pay the worker, in whole or part, for the work.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"When a worker is supplied","content":"### sec.9 When a worker is supplied\n\nFor this Act, the supply of a worker to do work for a person happens when the worker first starts to do work for the person in relation to the supply.","sortOrder":11},{"sectionNumber":"pt.2","sectionType":"part","heading":"Prohibited conduct","content":"# Prohibited conduct","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Licence required to provide labour hire services","content":"### sec.10 Licence required to provide labour hire services\n\nA person must not provide labour hire services unless the person is the holder of a licence.\nMaximum penalty—\nfor an individual—1034 penalty units or 3 years imprisonment; or\nfor a corporation—3000 penalty units.\nA person must not advertise, or in any way hold out, that the person provides or is willing to provide labour hire services, unless the person is the holder of a licence.\nMaximum penalty—200 penalty units.\n(sec.10-ssec.1) A person must not provide labour hire services unless the person is the holder of a licence. Maximum penalty— for an individual—1034 penalty units or 3 years imprisonment; or for a corporation—3000 penalty units.\n(sec.10-ssec.2) A person must not advertise, or in any way hold out, that the person provides or is willing to provide labour hire services, unless the person is the holder of a licence. Maximum penalty—200 penalty units.\n- (a) for an individual—1034 penalty units or 3 years imprisonment; or\n- (b) for a corporation—3000 penalty units.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Person must not enter into arrangements with unlicensed providers","content":"### sec.11 Person must not enter into arrangements with unlicensed providers\n\nA person must not, without a reasonable excuse, enter into an arrangement with a provider for the provision of labour hire services to the person, unless the provider is the holder of a licence.\nMaximum penalty—\nfor an individual—1034 penalty units or 3 years imprisonment; or\nfor a corporation—3000 penalty units.\nIt is a reasonable excuse for the person not to comply if, when the person entered into the arrangement, the provider was shown on the register as the holder of a licence.\n(sec.11-ssec.1) A person must not, without a reasonable excuse, enter into an arrangement with a provider for the provision of labour hire services to the person, unless the provider is the holder of a licence. Maximum penalty— for an individual—1034 penalty units or 3 years imprisonment; or for a corporation—3000 penalty units.\n(sec.11-ssec.2) It is a reasonable excuse for the person not to comply if, when the person entered into the arrangement, the provider was shown on the register as the holder of a licence.\n- (a) for an individual—1034 penalty units or 3 years imprisonment; or\n- (b) for a corporation—3000 penalty units.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Person must not enter into avoidance arrangements","content":"### sec.12 Person must not enter into avoidance arrangements\n\nA person must not enter into an arrangement with another person (an avoidance arrangement ) for the supply of a worker if the person knows, or ought reasonably to know, the arrangement is designed to circumvent or avoid an obligation imposed by this Act, unless the person has a reasonable excuse.\nSee also section 90 .\nMaximum penalty—\nfor an individual—1034 penalty units or 3 years imprisonment; or\nfor a corporation—3000 penalty units.\n(sec.12-ssec) A person must not enter into an arrangement with another person (an avoidance arrangement ) for the supply of a worker if the person knows, or ought reasonably to know, the arrangement is designed to circumvent or avoid an obligation imposed by this Act, unless the person has a reasonable excuse. See also section 90 . Maximum penalty— for an individual—1034 penalty units or 3 years imprisonment; or for a corporation—3000 penalty units.\n- (a) for an individual—1034 penalty units or 3 years imprisonment; or\n- (b) for a corporation—3000 penalty units.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Licences","content":"# Licences","sortOrder":16},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Application and grant","content":"## Application and grant","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application","content":"### sec.13 Application\n\nSubject to section 14 , a person who carries on, or intends to carry on, a business may apply to the chief executive for a licence.\nIf a person carries on, or intends to carry on, a business with 1 or more other persons, the application must be made jointly by the person and each of the other persons.\nThe application must—\nbe in the approved form; and\nstate the following—\neach applicant’s full name and contact details;\nthe business name, ABN and address of the business to which the application relates;\nthe full name and contact details of 1 or more individuals (each a proposed nominated officer ) who satisfy the requirements mentioned in section 33 (1) ;\nif the applicant is a corporation—the name and ACN or ARBN of the corporation and the names of the directors or members of its governing body;\nwhether the applicant is providing, or intends to provide, accommodation or any other service to workers in connection with the provision of labour hire services;\nmeals, transport\nwhether, within 5 years before the application is made, any disciplinary action has been taken against the applicant by a regulatory body under a relevant law; and\nbe accompanied by—\nthe application fee prescribed by regulation; and\nthe information, prescribed by regulation, about whether the business to which the application relates is financially viable; and\nthe information, prescribed by regulation, about whether each applicant has, for the 5 years before the application is made, complied with the Work Health and Safety Act 2011 and the Workers’ Compensation and Rehabilitation Act 2003 , and is able to comply with those Acts; and\nany other information, prescribed by regulation, the chief executive reasonably requires to decide whether each applicant and the persons mentioned in section 15 (a) are fit and proper persons to provide labour hire services.\nIf a regulation under section 33 (2) prescribes the number of nominated officers for a licence, the application must, for subsection (3) (b) (iii) , state the name and contact details of at least the prescribed number of proposed nominated officers.\n(sec.13-ssec.1) Subject to section 14 , a person who carries on, or intends to carry on, a business may apply to the chief executive for a licence.\n(sec.13-ssec.2) If a person carries on, or intends to carry on, a business with 1 or more other persons, the application must be made jointly by the person and each of the other persons.\n(sec.13-ssec.3) The application must— be in the approved form; and state the following— each applicant’s full name and contact details; the business name, ABN and address of the business to which the application relates; the full name and contact details of 1 or more individuals (each a proposed nominated officer ) who satisfy the requirements mentioned in section 33 (1) ; if the applicant is a corporation—the name and ACN or ARBN of the corporation and the names of the directors or members of its governing body; whether the applicant is providing, or intends to provide, accommodation or any other service to workers in connection with the provision of labour hire services; meals, transport whether, within 5 years before the application is made, any disciplinary action has been taken against the applicant by a regulatory body under a relevant law; and be accompanied by— the application fee prescribed by regulation; and the information, prescribed by regulation, about whether the business to which the application relates is financially viable; and the information, prescribed by regulation, about whether each applicant has, for the 5 years before the application is made, complied with the Work Health and Safety Act 2011 and the Workers’ Compensation and Rehabilitation Act 2003 , and is able to comply with those Acts; and any other information, prescribed by regulation, the chief executive reasonably requires to decide whether each applicant and the persons mentioned in section 15 (a) are fit and proper persons to provide labour hire services.\n(sec.13-ssec.4) If a regulation under section 33 (2) prescribes the number of nominated officers for a licence, the application must, for subsection (3) (b) (iii) , state the name and contact details of at least the prescribed number of proposed nominated officers.\n- (a) be in the approved form; and\n- (b) state the following— (i) each applicant’s full name and contact details; (ii) the business name, ABN and address of the business to which the application relates; (iii) the full name and contact details of 1 or more individuals (each a proposed nominated officer ) who satisfy the requirements mentioned in section 33 (1) ; (iv) if the applicant is a corporation—the name and ACN or ARBN of the corporation and the names of the directors or members of its governing body; (v) whether the applicant is providing, or intends to provide, accommodation or any other service to workers in connection with the provision of labour hire services; Example of other services— meals, transport (vi) whether, within 5 years before the application is made, any disciplinary action has been taken against the applicant by a regulatory body under a relevant law; and\n- (i) each applicant’s full name and contact details;\n- (ii) the business name, ABN and address of the business to which the application relates;\n- (iii) the full name and contact details of 1 or more individuals (each a proposed nominated officer ) who satisfy the requirements mentioned in section 33 (1) ;\n- (iv) if the applicant is a corporation—the name and ACN or ARBN of the corporation and the names of the directors or members of its governing body;\n- (v) whether the applicant is providing, or intends to provide, accommodation or any other service to workers in connection with the provision of labour hire services; Example of other services— meals, transport\n- (vi) whether, within 5 years before the application is made, any disciplinary action has been taken against the applicant by a regulatory body under a relevant law; and\n- (c) be accompanied by— (i) the application fee prescribed by regulation; and (ii) the information, prescribed by regulation, about whether the business to which the application relates is financially viable; and (iii) the information, prescribed by regulation, about whether each applicant has, for the 5 years before the application is made, complied with the Work Health and Safety Act 2011 and the Workers’ Compensation and Rehabilitation Act 2003 , and is able to comply with those Acts; and (iv) any other information, prescribed by regulation, the chief executive reasonably requires to decide whether each applicant and the persons mentioned in section 15 (a) are fit and proper persons to provide labour hire services.\n- (i) the application fee prescribed by regulation; and\n- (ii) the information, prescribed by regulation, about whether the business to which the application relates is financially viable; and\n- (iii) the information, prescribed by regulation, about whether each applicant has, for the 5 years before the application is made, complied with the Work Health and Safety Act 2011 and the Workers’ Compensation and Rehabilitation Act 2003 , and is able to comply with those Acts; and\n- (iv) any other information, prescribed by regulation, the chief executive reasonably requires to decide whether each applicant and the persons mentioned in section 15 (a) are fit and proper persons to provide labour hire services.\n- (i) each applicant’s full name and contact details;\n- (ii) the business name, ABN and address of the business to which the application relates;\n- (iii) the full name and contact details of 1 or more individuals (each a proposed nominated officer ) who satisfy the requirements mentioned in section 33 (1) ;\n- (iv) if the applicant is a corporation—the name and ACN or ARBN of the corporation and the names of the directors or members of its governing body;\n- (v) whether the applicant is providing, or intends to provide, accommodation or any other service to workers in connection with the provision of labour hire services; Example of other services— meals, transport\n- (vi) whether, within 5 years before the application is made, any disciplinary action has been taken against the applicant by a regulatory body under a relevant law; and\n- (i) the application fee prescribed by regulation; and\n- (ii) the information, prescribed by regulation, about whether the business to which the application relates is financially viable; and\n- (iii) the information, prescribed by regulation, about whether each applicant has, for the 5 years before the application is made, complied with the Work Health and Safety Act 2011 and the Workers’ Compensation and Rehabilitation Act 2003 , and is able to comply with those Acts; and\n- (iv) any other information, prescribed by regulation, the chief executive reasonably requires to decide whether each applicant and the persons mentioned in section 15 (a) are fit and proper persons to provide labour hire services.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Persons who can not apply","content":"### sec.14 Persons who can not apply\n\nA person who was the holder of a licence that has been cancelled can not apply for a licence for 2 years after the cancellation.\nHowever, a corporation that was the holder of a licence that has been cancelled, and any related body corporate of the corporation, can not apply for a licence unless the chief executive is satisfied that, because of a genuine sale, the requirements mentioned in subsection (5) are satisfied for the corporation.\nIf a person applies for a licence and the chief executive decides to refuse to grant the licence, the person can not apply for another licence—\nfor 3 months after the day the chief executive gives the person the information notice about the decision; or\nif the person applies for a review of or appeals the decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\nHowever, subsection (3) does not apply to a corporation if the chief executive is satisfied that, because of a genuine sale, the requirements mentioned in subsection (5) are satisfied for the corporation.\nFor subsections (2) and (4) , the requirements, in relation to the corporation’s cancelled licence or refused application, are that—\nno person who was a shareholder of, or held a beneficial interest in, the corporation when the cancellation was made or the refused application was made, is a shareholder of, or holds a beneficial interest in, the corporation when the application mentioned in subsection (2) or (3) is made; and\nno person who was in a position to control or influence the affairs of the corporation when the cancellation or refused application was made is in a position to control or influence the affairs of the corporation when the application mentioned in subsection (2) or (3) is made.\nIn this section—\nrelated body corporate see the Corporations Act , section 9 .\n(sec.14-ssec.1) A person who was the holder of a licence that has been cancelled can not apply for a licence for 2 years after the cancellation.\n(sec.14-ssec.2) However, a corporation that was the holder of a licence that has been cancelled, and any related body corporate of the corporation, can not apply for a licence unless the chief executive is satisfied that, because of a genuine sale, the requirements mentioned in subsection (5) are satisfied for the corporation.\n(sec.14-ssec.3) If a person applies for a licence and the chief executive decides to refuse to grant the licence, the person can not apply for another licence— for 3 months after the day the chief executive gives the person the information notice about the decision; or if the person applies for a review of or appeals the decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n(sec.14-ssec.4) However, subsection (3) does not apply to a corporation if the chief executive is satisfied that, because of a genuine sale, the requirements mentioned in subsection (5) are satisfied for the corporation.\n(sec.14-ssec.5) For subsections (2) and (4) , the requirements, in relation to the corporation’s cancelled licence or refused application, are that— no person who was a shareholder of, or held a beneficial interest in, the corporation when the cancellation was made or the refused application was made, is a shareholder of, or holds a beneficial interest in, the corporation when the application mentioned in subsection (2) or (3) is made; and no person who was in a position to control or influence the affairs of the corporation when the cancellation or refused application was made is in a position to control or influence the affairs of the corporation when the application mentioned in subsection (2) or (3) is made.\n(sec.14-ssec.6) In this section— related body corporate see the Corporations Act , section 9 .\n- (a) for 3 months after the day the chief executive gives the person the information notice about the decision; or\n- (b) if the person applies for a review of or appeals the decision and the decision is confirmed—for 3 months after the day the decision is confirmed.\n- (a) no person who was a shareholder of, or held a beneficial interest in, the corporation when the cancellation was made or the refused application was made, is a shareholder of, or holds a beneficial interest in, the corporation when the application mentioned in subsection (2) or (3) is made; and\n- (b) no person who was in a position to control or influence the affairs of the corporation when the cancellation or refused application was made is in a position to control or influence the affairs of the corporation when the application mentioned in subsection (2) or (3) is made.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Criteria for grant","content":"### sec.15 Criteria for grant\n\nThe chief executive may grant an application for a licence only if the chief executive is satisfied—\neach of the following persons are fit and proper persons to provide labour hire services—\neach applicant;\nif a proposed nominated officer for the application is a person other than an applicant—the proposed nominated officer;\nif an applicant is a corporation—the corporation and each person who is an executive officer of the corporation; and\nthe business to which the application relates is financially viable.\n(sec.15-ssec) The chief executive may grant an application for a licence only if the chief executive is satisfied— each of the following persons are fit and proper persons to provide labour hire services— each applicant; if a proposed nominated officer for the application is a person other than an applicant—the proposed nominated officer; if an applicant is a corporation—the corporation and each person who is an executive officer of the corporation; and the business to which the application relates is financially viable.\n- (a) each of the following persons are fit and proper persons to provide labour hire services— (i) each applicant; (ii) if a proposed nominated officer for the application is a person other than an applicant—the proposed nominated officer; (iii) if an applicant is a corporation—the corporation and each person who is an executive officer of the corporation; and\n- (i) each applicant;\n- (ii) if a proposed nominated officer for the application is a person other than an applicant—the proposed nominated officer;\n- (iii) if an applicant is a corporation—the corporation and each person who is an executive officer of the corporation; and\n- (b) the business to which the application relates is financially viable.\n- (i) each applicant;\n- (ii) if a proposed nominated officer for the application is a person other than an applicant—the proposed nominated officer;\n- (iii) if an applicant is a corporation—the corporation and each person who is an executive officer of the corporation; and","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Decision on application","content":"### sec.16 Decision on application\n\nAfter considering an application for a licence and any other information obtained in relation to the application, the chief executive may decide to—\ngrant the licence; or\nrefuse to grant the licence.\nThe chief executive may obtain information about an application for a licence under part 5 .\nIf the chief executive decides to grant the licence, the chief executive must give the applicant—\nthe licence; and\nif the licence is subject to a condition under section 29 (1) —an information notice for the decision to impose the condition.\nIf the chief executive decides to refuse to grant the licence, the chief executive must give the applicant an information notice for the decision.\n(sec.16-ssec.1) After considering an application for a licence and any other information obtained in relation to the application, the chief executive may decide to— grant the licence; or refuse to grant the licence. The chief executive may obtain information about an application for a licence under part 5 .\n(sec.16-ssec.2) If the chief executive decides to grant the licence, the chief executive must give the applicant— the licence; and if the licence is subject to a condition under section 29 (1) —an information notice for the decision to impose the condition.\n(sec.16-ssec.3) If the chief executive decides to refuse to grant the licence, the chief executive must give the applicant an information notice for the decision.\n- (a) grant the licence; or\n- (b) refuse to grant the licence.\n- (a) the licence; and\n- (b) if the licence is subject to a condition under section 29 (1) —an information notice for the decision to impose the condition.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Term","content":"### sec.17 Term\n\nA licence is granted for the term of up to 1 year stated in the licence.\nA licence comes into force on the day stated in the licence.\nA licence stops being in force if—\nit is surrendered or cancelled; or\nsubject to section 18 (3) , it expires without being renewed.\n(sec.17-ssec.1) A licence is granted for the term of up to 1 year stated in the licence.\n(sec.17-ssec.2) A licence comes into force on the day stated in the licence.\n(sec.17-ssec.3) A licence stops being in force if— it is surrendered or cancelled; or subject to section 18 (3) , it expires without being renewed.\n- (a) it is surrendered or cancelled; or\n- (b) subject to section 18 (3) , it expires without being renewed.","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Renewal and restoration","content":"## Renewal and restoration","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Applying for renewal","content":"### sec.18 Applying for renewal\n\nA licensee may apply to the chief executive for the renewal of the licensee’s licence before the licence expires.\nThe application must—\nbe in the approved form; and\nbe accompanied by the renewal fee prescribed by regulation.\nIf an application is made for the renewal of a licence and the chief executive has not, before the licence expires, made a decision about whether to renew the licence, the licence is taken to continue in force until the day—\nthe chief executive decides the application; or\nthe licensee withdraws the application.\n(sec.18-ssec.1) A licensee may apply to the chief executive for the renewal of the licensee’s licence before the licence expires.\n(sec.18-ssec.2) The application must— be in the approved form; and be accompanied by the renewal fee prescribed by regulation.\n(sec.18-ssec.3) If an application is made for the renewal of a licence and the chief executive has not, before the licence expires, made a decision about whether to renew the licence, the licence is taken to continue in force until the day— the chief executive decides the application; or the licensee withdraws the application.\n- (a) be in the approved form; and\n- (b) be accompanied by the renewal fee prescribed by regulation.\n- (a) the chief executive decides the application; or\n- (b) the licensee withdraws the application.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Applying for restoration of expired licence","content":"### sec.19 Applying for restoration of expired licence\n\nIf a person’s licence expires, the person may apply for restoration of the licence.\nThe application must—\nbe in the approved form; and\nbe made within 28 days after the licence expires; and\nbe accompanied by the restoration fee prescribed by regulation.\nIf an application is made for restoration of a licence, the licence is taken to be in force from the time the licence expired until the day—\nthe chief executive decides the application; or\nthe applicant withdraws the application.\n(sec.19-ssec.1) If a person’s licence expires, the person may apply for restoration of the licence.\n(sec.19-ssec.2) The application must— be in the approved form; and be made within 28 days after the licence expires; and be accompanied by the restoration fee prescribed by regulation.\n(sec.19-ssec.3) If an application is made for restoration of a licence, the licence is taken to be in force from the time the licence expired until the day— the chief executive decides the application; or the applicant withdraws the application.\n- (a) be in the approved form; and\n- (b) be made within 28 days after the licence expires; and\n- (c) be accompanied by the restoration fee prescribed by regulation.\n- (a) the chief executive decides the application; or\n- (b) the applicant withdraws the application.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Decision on renewal or restoration","content":"### sec.20 Decision on renewal or restoration\n\nAfter considering the application and any other information obtained in relation to the application, the chief executive may—\ngrant the renewal or restoration of the licence, with or without conditions; or\nrefuse to grant the renewal or restoration of the licence.\nThe chief executive may obtain information about an application for renewal or restoration of a licence under part 5 .\nThe chief executive may grant the renewal or restoration only if the chief executive is satisfied each of the following persons is a fit and proper person to provide labour hire services—\neach applicant;\nif a nominated officer is a person other than an applicant—the nominated officer;\nif an applicant is a corporation—the corporation and each person who is an executive officer of the corporation.\nIf the chief executive decides to refuse to grant the renewal or restoration, or grants the renewal or restoration with conditions under section 29 (1) , the chief executive must give the applicant an information notice for the decision.\n(sec.20-ssec.1) After considering the application and any other information obtained in relation to the application, the chief executive may— grant the renewal or restoration of the licence, with or without conditions; or refuse to grant the renewal or restoration of the licence. The chief executive may obtain information about an application for renewal or restoration of a licence under part 5 .\n(sec.20-ssec.2) The chief executive may grant the renewal or restoration only if the chief executive is satisfied each of the following persons is a fit and proper person to provide labour hire services— each applicant; if a nominated officer is a person other than an applicant—the nominated officer; if an applicant is a corporation—the corporation and each person who is an executive officer of the corporation.\n(sec.20-ssec.3) If the chief executive decides to refuse to grant the renewal or restoration, or grants the renewal or restoration with conditions under section 29 (1) , the chief executive must give the applicant an information notice for the decision.\n- (a) grant the renewal or restoration of the licence, with or without conditions; or\n- (b) refuse to grant the renewal or restoration of the licence.\n- (a) each applicant;\n- (b) if a nominated officer is a person other than an applicant—the nominated officer;\n- (c) if an applicant is a corporation—the corporation and each person who is an executive officer of the corporation.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Term of renewed or restored licence","content":"### sec.21 Term of renewed or restored licence\n\nA renewed licence is in force for the period of up to 1 year stated in the licence, starting on the day it would have expired if it were not renewed under this division.\nA restored licence—\nis taken to have been in force from the day after the licence would otherwise have expired; and\ncontinues in force for the period of up to 1 year stated in the licence, starting on the day mentioned in paragraph (a) .\n(sec.21-ssec.1) A renewed licence is in force for the period of up to 1 year stated in the licence, starting on the day it would have expired if it were not renewed under this division.\n(sec.21-ssec.2) A restored licence— is taken to have been in force from the day after the licence would otherwise have expired; and continues in force for the period of up to 1 year stated in the licence, starting on the day mentioned in paragraph (a) .\n- (a) is taken to have been in force from the day after the licence would otherwise have expired; and\n- (b) continues in force for the period of up to 1 year stated in the licence, starting on the day mentioned in paragraph (a) .","sortOrder":27},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Suspension, cancellation and surrender","content":"## Suspension, cancellation and surrender","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Suspension","content":"### sec.22 Suspension\n\nThe chief executive may suspend a licence by giving the licensee an information notice for the suspension if the chief executive—\nis satisfied the licensee has failed to comply with section 31 ; or\nreasonably considers—\nthe licensee has given materially incorrect or misleading information in a report under section 31 ; or\nthe licence was obtained, renewed or restored because of materially incorrect or misleading information; or\nthe licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or\nthe licensee, or an employee or representative of the licensee, has contravened or is contravening a relevant law; or\nthe licensee is no longer a fit and proper person to provide labour hire services; or\nthe business to which the licence relates is no longer financially viable.\nThe suspension—\ntakes effect on the day stated in the information notice; and\ncontinues for the period of not more than 90 days stated in the information notice.\nThe day stated in the information notice under subsection (2) (a) must be after the notice is given to the licensee.\n(sec.22-ssec.1) The chief executive may suspend a licence by giving the licensee an information notice for the suspension if the chief executive— is satisfied the licensee has failed to comply with section 31 ; or reasonably considers— the licensee has given materially incorrect or misleading information in a report under section 31 ; or the licence was obtained, renewed or restored because of materially incorrect or misleading information; or the licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or the licensee, or an employee or representative of the licensee, has contravened or is contravening a relevant law; or the licensee is no longer a fit and proper person to provide labour hire services; or the business to which the licence relates is no longer financially viable.\n(sec.22-ssec.2) The suspension— takes effect on the day stated in the information notice; and continues for the period of not more than 90 days stated in the information notice.\n(sec.22-ssec.3) The day stated in the information notice under subsection (2) (a) must be after the notice is given to the licensee.\n- (a) is satisfied the licensee has failed to comply with section 31 ; or\n- (b) reasonably considers— (i) the licensee has given materially incorrect or misleading information in a report under section 31 ; or (ii) the licence was obtained, renewed or restored because of materially incorrect or misleading information; or (iii) the licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or (iv) the licensee, or an employee or representative of the licensee, has contravened or is contravening a relevant law; or (v) the licensee is no longer a fit and proper person to provide labour hire services; or (vi) the business to which the licence relates is no longer financially viable.\n- (i) the licensee has given materially incorrect or misleading information in a report under section 31 ; or\n- (ii) the licence was obtained, renewed or restored because of materially incorrect or misleading information; or\n- (iii) the licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or\n- (iv) the licensee, or an employee or representative of the licensee, has contravened or is contravening a relevant law; or\n- (v) the licensee is no longer a fit and proper person to provide labour hire services; or\n- (vi) the business to which the licence relates is no longer financially viable.\n- (i) the licensee has given materially incorrect or misleading information in a report under section 31 ; or\n- (ii) the licence was obtained, renewed or restored because of materially incorrect or misleading information; or\n- (iii) the licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or\n- (iv) the licensee, or an employee or representative of the licensee, has contravened or is contravening a relevant law; or\n- (v) the licensee is no longer a fit and proper person to provide labour hire services; or\n- (vi) the business to which the licence relates is no longer financially viable.\n- (a) takes effect on the day stated in the information notice; and\n- (b) continues for the period of not more than 90 days stated in the information notice.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Show cause notice before cancellation","content":"### sec.23 Show cause notice before cancellation\n\nThis section applies if the chief executive is proposing to cancel a licence under section 24 .\nThe chief executive must give the licensee a notice stating—\nthat the chief executive proposes to cancel the licensee’s licence; and\nthe reasons for the proposed cancellation; and\nthat the licensee may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\nThe chief executive must consider the licensee’s response, if any, before deciding whether to cancel the licence.\n(sec.23-ssec.1) This section applies if the chief executive is proposing to cancel a licence under section 24 .\n(sec.23-ssec.2) The chief executive must give the licensee a notice stating— that the chief executive proposes to cancel the licensee’s licence; and the reasons for the proposed cancellation; and that the licensee may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.\n(sec.23-ssec.3) The chief executive must consider the licensee’s response, if any, before deciding whether to cancel the licence.\n- (a) that the chief executive proposes to cancel the licensee’s licence; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the licensee may, within 14 days after the notice is given, give the chief executive a written response to the proposed cancellation.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Cancellation","content":"### sec.24 Cancellation\n\nAfter complying with section 23 , the chief executive may cancel the licensee’s licence by giving the licensee an information notice for the cancellation, if the chief executive is satisfied—\nthe licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or\nthe licensee, or an employee or representative of the licensee, has contravened a relevant law, whether or not the licensee, employee or representative has been convicted of an offence for the contravention; or\nthe licensee is no longer a fit and proper person to provide labour hire services; or\nif the licensee is an individual—the licensee is an insolvent under administration; or\nif the licensee is a corporation—the licensee has been wound up or deregistered under the Corporations Act .\nThe cancellation takes effect on the day stated in the information notice.\ns 24 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.24-ssec.1) After complying with section 23 , the chief executive may cancel the licensee’s licence by giving the licensee an information notice for the cancellation, if the chief executive is satisfied— the licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or the licensee, or an employee or representative of the licensee, has contravened a relevant law, whether or not the licensee, employee or representative has been convicted of an offence for the contravention; or the licensee is no longer a fit and proper person to provide labour hire services; or if the licensee is an individual—the licensee is an insolvent under administration; or if the licensee is a corporation—the licensee has been wound up or deregistered under the Corporations Act .\n(sec.24-ssec.2) The cancellation takes effect on the day stated in the information notice.\n- (a) the licensee, or an employee or representative of the licensee, has contravened a condition of the licence; or\n- (b) the licensee, or an employee or representative of the licensee, has contravened a relevant law, whether or not the licensee, employee or representative has been convicted of an offence for the contravention; or\n- (c) the licensee is no longer a fit and proper person to provide labour hire services; or\n- (d) if the licensee is an individual—the licensee is an insolvent under administration; or\n- (e) if the licensee is a corporation—the licensee has been wound up or deregistered under the Corporations Act .","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Return of suspended or cancelled licence","content":"### sec.25 Return of suspended or cancelled licence\n\nIf the chief executive suspends or cancels a licensee’s licence, the licensee must return the licence to the chief executive within 14 days after receiving the information notice for the suspension or cancellation, unless the licensee has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a licence returned to the chief executive is still current at the end of a period of suspension, the chief executive must return the licence to the licensee.\n(sec.25-ssec.1) If the chief executive suspends or cancels a licensee’s licence, the licensee must return the licence to the chief executive within 14 days after receiving the information notice for the suspension or cancellation, unless the licensee has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.25-ssec.2) If a licence returned to the chief executive is still current at the end of a period of suspension, the chief executive must return the licence to the licensee.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Surrender","content":"### sec.26 Surrender\n\nA licensee may surrender the licensee’s licence by giving the chief executive notice of the surrender and returning the licence.\nA licence surrendered under this section stops having effect on the day it is surrendered.\n(sec.26-ssec.1) A licensee may surrender the licensee’s licence by giving the chief executive notice of the surrender and returning the licence.\n(sec.26-ssec.2) A licence surrendered under this section stops having effect on the day it is surrendered.","sortOrder":33},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Fit and proper persons","content":"## Fit and proper persons","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Fit and proper persons","content":"### sec.27 Fit and proper persons\n\nIn deciding whether a person is a fit and proper person to provide labour hire services, the chief executive must have regard to the following matters—\nthe person’s character, including, for example, the person’s honesty, integrity and professionalism;\nwhether the person—\nhas a history of compliance with relevant laws; or\nis able to demonstrate an ability to comply with relevant laws;\nwhether the person has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 29 (1) ;\nwhether the person has been convicted of an offence against a relevant law or another law that affects the person’s suitability to provide labour hire services;\nif the person is an individual—whether the person has been an insolvent under administration;\nwhether a corporation has been placed into administration, receivership or liquidation while the person was an executive officer of the corporation;\nwhether the person has been disqualified from managing corporations under the Corporations Act ;\nwhether the person is under the control of, or substantially influenced by, another person whom the chief executive considers is not a fit and proper person to provide labour hire services.\nThe chief executive may also have regard to any other matter the chief executive considers relevant in deciding whether the person is a fit and proper person to provide labour hire services.\nIf, at any time while a licence is in force, the chief executive decides the licensee is no longer a fit and proper person to provide labour hire services, the chief executive may take action to suspend or cancel the licence under division 3 .\ns 27 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.27-ssec.1) In deciding whether a person is a fit and proper person to provide labour hire services, the chief executive must have regard to the following matters— the person’s character, including, for example, the person’s honesty, integrity and professionalism; whether the person— has a history of compliance with relevant laws; or is able to demonstrate an ability to comply with relevant laws; whether the person has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 29 (1) ; whether the person has been convicted of an offence against a relevant law or another law that affects the person’s suitability to provide labour hire services; if the person is an individual—whether the person has been an insolvent under administration; whether a corporation has been placed into administration, receivership or liquidation while the person was an executive officer of the corporation; whether the person has been disqualified from managing corporations under the Corporations Act ; whether the person is under the control of, or substantially influenced by, another person whom the chief executive considers is not a fit and proper person to provide labour hire services.\n(sec.27-ssec.2) The chief executive may also have regard to any other matter the chief executive considers relevant in deciding whether the person is a fit and proper person to provide labour hire services. If, at any time while a licence is in force, the chief executive decides the licensee is no longer a fit and proper person to provide labour hire services, the chief executive may take action to suspend or cancel the licence under division 3 .\n- (a) the person’s character, including, for example, the person’s honesty, integrity and professionalism;\n- (b) whether the person— (i) has a history of compliance with relevant laws; or (ii) is able to demonstrate an ability to comply with relevant laws;\n- (i) has a history of compliance with relevant laws; or\n- (ii) is able to demonstrate an ability to comply with relevant laws;\n- (c) whether the person has previously held a licence that has been cancelled or suspended, or for which conditions have been imposed under section 29 (1) ;\n- (d) whether the person has been convicted of an offence against a relevant law or another law that affects the person’s suitability to provide labour hire services;\n- (e) if the person is an individual—whether the person has been an insolvent under administration;\n- (f) whether a corporation has been placed into administration, receivership or liquidation while the person was an executive officer of the corporation;\n- (g) whether the person has been disqualified from managing corporations under the Corporations Act ;\n- (h) whether the person is under the control of, or substantially influenced by, another person whom the chief executive considers is not a fit and proper person to provide labour hire services.\n- (i) has a history of compliance with relevant laws; or\n- (ii) is able to demonstrate an ability to comply with relevant laws;","sortOrder":35},{"sectionNumber":"pt.4","sectionType":"part","heading":"Obligations of licensees","content":"# Obligations of licensees","sortOrder":36},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Licence conditions","content":"## Licence conditions","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Condition—compliance with relevant laws","content":"### sec.28 Condition—compliance with relevant laws\n\nIt is a condition of a licence that the licensee must comply with all relevant laws applying to the licensee.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conditions may be imposed","content":"### sec.29 Conditions may be imposed\n\nThe chief executive may impose, vary or revoke conditions on a licence for the reasons, and in the circumstances, the chief executive considers appropriate.\nWithout limiting subsection (1) , a condition may—\nrequire a licensee to hold insurance of a stated kind and in a stated amount; or\nrequire a licensee to lodge with the chief executive a security that complies with stated requirements; or\nrequire a licensee to give the chief executive stated information, or allow the chief executive to inspect the premises at which the licensee carries on business, at stated reasonable intervals.\nThe chief executive may—\nimpose a condition when the licence is granted by stating the condition on the licence; and\nsubject to section 30 , impose, vary or revoke conditions on a licence after it is granted by notice given to the licensee.\nHowever, nothing in this section authorises the chief executive to impose a condition that is inconsistent with this Act.\n(sec.29-ssec.1) The chief executive may impose, vary or revoke conditions on a licence for the reasons, and in the circumstances, the chief executive considers appropriate.\n(sec.29-ssec.2) Without limiting subsection (1) , a condition may— require a licensee to hold insurance of a stated kind and in a stated amount; or require a licensee to lodge with the chief executive a security that complies with stated requirements; or require a licensee to give the chief executive stated information, or allow the chief executive to inspect the premises at which the licensee carries on business, at stated reasonable intervals.\n(sec.29-ssec.3) The chief executive may— impose a condition when the licence is granted by stating the condition on the licence; and subject to section 30 , impose, vary or revoke conditions on a licence after it is granted by notice given to the licensee.\n(sec.29-ssec.4) However, nothing in this section authorises the chief executive to impose a condition that is inconsistent with this Act.\n- (a) require a licensee to hold insurance of a stated kind and in a stated amount; or\n- (b) require a licensee to lodge with the chief executive a security that complies with stated requirements; or\n- (c) require a licensee to give the chief executive stated information, or allow the chief executive to inspect the premises at which the licensee carries on business, at stated reasonable intervals.\n- (a) impose a condition when the licence is granted by stating the condition on the licence; and\n- (b) subject to section 30 , impose, vary or revoke conditions on a licence after it is granted by notice given to the licensee.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Show cause notice before imposing or varying a condition","content":"### sec.30 Show cause notice before imposing or varying a condition\n\nBefore imposing or varying a condition on a licence other than when it is granted, the chief executive must give the licensee a notice stating—\nthat the chief executive proposes to impose or vary the condition; and\nthe reasons for the proposed condition or variation; and\nthat the licensee may, within 14 days after the notice is given, give the chief executive a written response to the proposed condition or variation.\nThe chief executive must consider the licensee’s response, if any, before deciding whether to impose or vary the condition.\nIf the chief executive decides to impose or vary the condition, the chief executive must give the licensee an information notice for the decision.\n(sec.30-ssec.1) Before imposing or varying a condition on a licence other than when it is granted, the chief executive must give the licensee a notice stating— that the chief executive proposes to impose or vary the condition; and the reasons for the proposed condition or variation; and that the licensee may, within 14 days after the notice is given, give the chief executive a written response to the proposed condition or variation.\n(sec.30-ssec.2) The chief executive must consider the licensee’s response, if any, before deciding whether to impose or vary the condition.\n(sec.30-ssec.3) If the chief executive decides to impose or vary the condition, the chief executive must give the licensee an information notice for the decision.\n- (a) that the chief executive proposes to impose or vary the condition; and\n- (b) the reasons for the proposed condition or variation; and\n- (c) that the licensee may, within 14 days after the notice is given, give the chief executive a written response to the proposed condition or variation.","sortOrder":40},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Reporting","content":"## Reporting","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Obligation to report to chief executive","content":"### sec.31 Obligation to report to chief executive\n\nA licensee must give the chief executive a report that complies with this section within 28 days after a reporting period for the licensee ends.\nMaximum penalty—200 penalty units.\nThe report must include the following information—\nthe licensee’s full name and contact details;\nthe business name, ABN and address of the business that is the subject of the licence;\nthe full name and contact details of each of the nominated officers for the licence;\nthe number of workers (the relevant workers ), supplied by the licensee to another person, who do work for the other person during the reporting period;\na description of the arrangements entered into between the licensee and the relevant workers;\nan employment relationship, including whether the relationship is casual or permanent, contractual arrangements, apprenticeship or traineeship arrangements\ndetails of the type of work carried out by the relevant workers, including the industry in which the work was carried out;\nthe locations in Queensland where work was carried out by the relevant workers;\nif the licensee provided accommodation to the relevant workers in connection with the provision of labour hire services—\nthe address of the accommodation; and\nwhether the relevant workers paid a fee for the accommodation; and\nthe number of relevant workers that used the accommodation;\nif the licensee is aware that accommodation was provided by another person to the relevant workers, to the best of the licensee’s knowledge—\nwho provided the accommodation; and\nthe address of the accommodation; and\nwhether the relevant workers paid a fee for the accommodation; and\nthe number of relevant workers that used the accommodation;\nwhether any other services were provided to the relevant workers by the licensee or, to the best of the licensee’s knowledge, by a person to whom a relevant worker was supplied;\nmeals, transport\ninformation about the licensee’s compliance with relevant laws for the reporting period;\ndisclosure of any disciplinary action or enforcement action taken, or started, against the licensee by a regulatory body under a relevant law during the reporting period;\nto the best of the licensee’s knowledge, the number of notifiable incidents involving a relevant worker notified under the Work Health and Safety Act 2011 , section 38 ;\nto the best of the licensee’s knowledge, the number of applications for compensation made by a relevant worker under the Workers’ Compensation and Rehabilitation Act 2003 ;\nany other matter prescribed by regulation under section 32 .\nIn this section—\nreporting period , for a licensee, means—\nthe period of 6 months starting on the day the licensee’s licence is granted; and\nthe period of 6 months starting immediately after the day the reporting period for the previous report the licensee was required to give under this section ended.\n(sec.31-ssec.1) A licensee must give the chief executive a report that complies with this section within 28 days after a reporting period for the licensee ends. Maximum penalty—200 penalty units.\n(sec.31-ssec.2) The report must include the following information— the licensee’s full name and contact details; the business name, ABN and address of the business that is the subject of the licence; the full name and contact details of each of the nominated officers for the licence; the number of workers (the relevant workers ), supplied by the licensee to another person, who do work for the other person during the reporting period; a description of the arrangements entered into between the licensee and the relevant workers; an employment relationship, including whether the relationship is casual or permanent, contractual arrangements, apprenticeship or traineeship arrangements details of the type of work carried out by the relevant workers, including the industry in which the work was carried out; the locations in Queensland where work was carried out by the relevant workers; if the licensee provided accommodation to the relevant workers in connection with the provision of labour hire services— the address of the accommodation; and whether the relevant workers paid a fee for the accommodation; and the number of relevant workers that used the accommodation; if the licensee is aware that accommodation was provided by another person to the relevant workers, to the best of the licensee’s knowledge— who provided the accommodation; and the address of the accommodation; and whether the relevant workers paid a fee for the accommodation; and the number of relevant workers that used the accommodation; whether any other services were provided to the relevant workers by the licensee or, to the best of the licensee’s knowledge, by a person to whom a relevant worker was supplied; meals, transport information about the licensee’s compliance with relevant laws for the reporting period; disclosure of any disciplinary action or enforcement action taken, or started, against the licensee by a regulatory body under a relevant law during the reporting period; to the best of the licensee’s knowledge, the number of notifiable incidents involving a relevant worker notified under the Work Health and Safety Act 2011 , section 38 ; to the best of the licensee’s knowledge, the number of applications for compensation made by a relevant worker under the Workers’ Compensation and Rehabilitation Act 2003 ; any other matter prescribed by regulation under section 32 .\n(sec.31-ssec.3) In this section— reporting period , for a licensee, means— the period of 6 months starting on the day the licensee’s licence is granted; and the period of 6 months starting immediately after the day the reporting period for the previous report the licensee was required to give under this section ended.\n- (a) the licensee’s full name and contact details;\n- (b) the business name, ABN and address of the business that is the subject of the licence;\n- (c) the full name and contact details of each of the nominated officers for the licence;\n- (d) the number of workers (the relevant workers ), supplied by the licensee to another person, who do work for the other person during the reporting period;\n- (e) a description of the arrangements entered into between the licensee and the relevant workers; Examples of arrangements— an employment relationship, including whether the relationship is casual or permanent, contractual arrangements, apprenticeship or traineeship arrangements\n- (f) details of the type of work carried out by the relevant workers, including the industry in which the work was carried out;\n- (g) the locations in Queensland where work was carried out by the relevant workers;\n- (h) if the licensee provided accommodation to the relevant workers in connection with the provision of labour hire services— (i) the address of the accommodation; and (ii) whether the relevant workers paid a fee for the accommodation; and (iii) the number of relevant workers that used the accommodation;\n- (i) the address of the accommodation; and\n- (ii) whether the relevant workers paid a fee for the accommodation; and\n- (iii) the number of relevant workers that used the accommodation;\n- (i) if the licensee is aware that accommodation was provided by another person to the relevant workers, to the best of the licensee’s knowledge— (i) who provided the accommodation; and (ii) the address of the accommodation; and (iii) whether the relevant workers paid a fee for the accommodation; and (iv) the number of relevant workers that used the accommodation;\n- (i) who provided the accommodation; and\n- (ii) the address of the accommodation; and\n- (iii) whether the relevant workers paid a fee for the accommodation; and\n- (iv) the number of relevant workers that used the accommodation;\n- (j) whether any other services were provided to the relevant workers by the licensee or, to the best of the licensee’s knowledge, by a person to whom a relevant worker was supplied; Examples of other services— meals, transport\n- (k) information about the licensee’s compliance with relevant laws for the reporting period;\n- (l) disclosure of any disciplinary action or enforcement action taken, or started, against the licensee by a regulatory body under a relevant law during the reporting period;\n- (m) to the best of the licensee’s knowledge, the number of notifiable incidents involving a relevant worker notified under the Work Health and Safety Act 2011 , section 38 ;\n- (n) to the best of the licensee’s knowledge, the number of applications for compensation made by a relevant worker under the Workers’ Compensation and Rehabilitation Act 2003 ;\n- (o) any other matter prescribed by regulation under section 32 .\n- (i) the address of the accommodation; and\n- (ii) whether the relevant workers paid a fee for the accommodation; and\n- (iii) the number of relevant workers that used the accommodation;\n- (i) who provided the accommodation; and\n- (ii) the address of the accommodation; and\n- (iii) whether the relevant workers paid a fee for the accommodation; and\n- (iv) the number of relevant workers that used the accommodation;\n- (a) the period of 6 months starting on the day the licensee’s licence is granted; and\n- (b) the period of 6 months starting immediately after the day the reporting period for the previous report the licensee was required to give under this section ended.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Prescribed matters for reports","content":"### sec.32 Prescribed matters for reports\n\nA regulation may prescribe the following matters in relation to a report under section 31 —\nthe details about a matter mentioned in section 31 (2) that must be included in the report;\nthe number of workers the licensee has supplied who are of a non-English speaking background\nthe number of workers the licensee has supplied who hold particular types of visas under the Migration Act 1958 (Cwlth)\nthe information required about the licensee’s compliance with a relevant law\nhow information about the licensee’s compliance with relevant laws mentioned in section 31 (2) (k) is to be provided.\n- (a) the details about a matter mentioned in section 31 (2) that must be included in the report; Examples— • the number of workers the licensee has supplied who are of a non-English speaking background • the number of workers the licensee has supplied who hold particular types of visas under the Migration Act 1958 (Cwlth) • the information required about the licensee’s compliance with a relevant law\n- • the number of workers the licensee has supplied who are of a non-English speaking background\n- • the number of workers the licensee has supplied who hold particular types of visas under the Migration Act 1958 (Cwlth)\n- • the information required about the licensee’s compliance with a relevant law\n- (b) how information about the licensee’s compliance with relevant laws mentioned in section 31 (2) (k) is to be provided.\n- • the number of workers the licensee has supplied who are of a non-English speaking background\n- • the number of workers the licensee has supplied who hold particular types of visas under the Migration Act 1958 (Cwlth)\n- • the information required about the licensee’s compliance with a relevant law","sortOrder":43},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Nominated officers","content":"## Nominated officers","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Requirements for nominated officers","content":"### sec.33 Requirements for nominated officers\n\nA nominated officer, for a licence, must be an individual who—\nis responsible for the day-to-day carrying on, or takes part in the management, of the business to which the licence relates; and\nsatisfies any other requirements prescribed by regulation.\nA regulation may prescribe the number of nominated officers required for a licence.\n(sec.33-ssec.1) A nominated officer, for a licence, must be an individual who— is responsible for the day-to-day carrying on, or takes part in the management, of the business to which the licence relates; and satisfies any other requirements prescribed by regulation.\n(sec.33-ssec.2) A regulation may prescribe the number of nominated officers required for a licence.\n- (a) is responsible for the day-to-day carrying on, or takes part in the management, of the business to which the licence relates; and\n- (b) satisfies any other requirements prescribed by regulation.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Nominated officer must be reasonably available","content":"### sec.34 Nominated officer must be reasonably available\n\nA licensee must ensure each of the nominated officers for the licence is reasonably available to be contacted by the chief executive or a member of the public during business hours.\nMaximum penalty—40 penalty units.\n(sec.34-ssec) A licensee must ensure each of the nominated officers for the licence is reasonably available to be contacted by the chief executive or a member of the public during business hours. Maximum penalty—40 penalty units.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application to change nominated officer","content":"### sec.35 Application to change nominated officer\n\nA licensee may apply in the approved form to the chief executive to—\nremove a nominated officer for the licensee’s licence from office; and\nappoint another individual (the proposed appointee ) as a nominated officer for the licence.\nThe application must be accompanied by enough information about the proposed appointee to enable the chief executive to decide whether the proposed appointee is—\na person who satisfies the requirements mentioned in section 33 (1) ; and\na fit and proper person to provide labour hire services.\nThe chief executive may approve the application only if the chief executive is satisfied the proposed appointee is a fit and proper person to provide labour hire services.\nIf the chief executive approves the application, the chief executive must record the details of the change to the licensee’s nominated officer in the register.\nIf the chief executive refuses the application, the chief executive must give the licensee an information notice for the decision.\n(sec.35-ssec.1) A licensee may apply in the approved form to the chief executive to— remove a nominated officer for the licensee’s licence from office; and appoint another individual (the proposed appointee ) as a nominated officer for the licence.\n(sec.35-ssec.2) The application must be accompanied by enough information about the proposed appointee to enable the chief executive to decide whether the proposed appointee is— a person who satisfies the requirements mentioned in section 33 (1) ; and a fit and proper person to provide labour hire services.\n(sec.35-ssec.3) The chief executive may approve the application only if the chief executive is satisfied the proposed appointee is a fit and proper person to provide labour hire services.\n(sec.35-ssec.4) If the chief executive approves the application, the chief executive must record the details of the change to the licensee’s nominated officer in the register.\n(sec.35-ssec.5) If the chief executive refuses the application, the chief executive must give the licensee an information notice for the decision.\n- (a) remove a nominated officer for the licensee’s licence from office; and\n- (b) appoint another individual (the proposed appointee ) as a nominated officer for the licence.\n- (a) a person who satisfies the requirements mentioned in section 33 (1) ; and\n- (b) a fit and proper person to provide labour hire services.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Licensee may substitute nominated officer for limited period","content":"### sec.36 Licensee may substitute nominated officer for limited period\n\nA licensee may appoint an individual who satisfies the requirements mentioned in section 33 (1) as a substitute nominated officer for the licensee’s licence for a period of not more than 30 days if—\na nominated officer for the licence will be absent from the licensee’s business; and\nthe person consents to the appointment.\nThe licensee must ensure—\nan appointment under subsection (1) and the person’s consent to the appointment are in writing and state the period of appointment; and\nthe appointment and consent are—\nkept at the premises where the person will be responsible for the day-to-day management and operation of the business; and\nmade available for immediate inspection by an inspector who asks to see them.\nMaximum penalty—40 penalty units.\nThe appointed person is taken to be a nominated officer for the licence for the period of the appointment.\n(sec.36-ssec.1) A licensee may appoint an individual who satisfies the requirements mentioned in section 33 (1) as a substitute nominated officer for the licensee’s licence for a period of not more than 30 days if— a nominated officer for the licence will be absent from the licensee’s business; and the person consents to the appointment.\n(sec.36-ssec.2) The licensee must ensure— an appointment under subsection (1) and the person’s consent to the appointment are in writing and state the period of appointment; and the appointment and consent are— kept at the premises where the person will be responsible for the day-to-day management and operation of the business; and made available for immediate inspection by an inspector who asks to see them. Maximum penalty—40 penalty units.\n(sec.36-ssec.3) The appointed person is taken to be a nominated officer for the licence for the period of the appointment.\n- (a) a nominated officer for the licence will be absent from the licensee’s business; and\n- (b) the person consents to the appointment.\n- (a) an appointment under subsection (1) and the person’s consent to the appointment are in writing and state the period of appointment; and\n- (b) the appointment and consent are— (i) kept at the premises where the person will be responsible for the day-to-day management and operation of the business; and (ii) made available for immediate inspection by an inspector who asks to see them.\n- (i) kept at the premises where the person will be responsible for the day-to-day management and operation of the business; and\n- (ii) made available for immediate inspection by an inspector who asks to see them.\n- (i) kept at the premises where the person will be responsible for the day-to-day management and operation of the business; and\n- (ii) made available for immediate inspection by an inspector who asks to see them.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Licensee may apply to extend appointment of substitute nominated officer","content":"### sec.37 Licensee may apply to extend appointment of substitute nominated officer\n\nIf a nominated officer for a licence will be absent from the licensee’s business for a period of more than 30 days, the licensee must either—\napply, in the approved form, to the chief executive for the appointment or the extension of the appointment of a person as a substitute nominated officer; or\napply under section 35 to remove the absent nominated officer and appoint another individual as nominated officer for the licence.\nFor an application under subsection (1) (a) , section 35 (2) to (5) applies as if a reference in that section to an application were a reference to an application under subsection (1) .\n(sec.37-ssec.1) If a nominated officer for a licence will be absent from the licensee’s business for a period of more than 30 days, the licensee must either— apply, in the approved form, to the chief executive for the appointment or the extension of the appointment of a person as a substitute nominated officer; or apply under section 35 to remove the absent nominated officer and appoint another individual as nominated officer for the licence.\n(sec.37-ssec.2) For an application under subsection (1) (a) , section 35 (2) to (5) applies as if a reference in that section to an application were a reference to an application under subsection (1) .\n- (a) apply, in the approved form, to the chief executive for the appointment or the extension of the appointment of a person as a substitute nominated officer; or\n- (b) apply under section 35 to remove the absent nominated officer and appoint another individual as nominated officer for the licence.","sortOrder":49},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Other obligations","content":"## Other obligations","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Production of licence","content":"### sec.38 Production of licence\n\nA licensee must, if asked by an inspector, worker or another person with whom the licensee is dealing, produce a copy of the licensee’s licence for inspection by the inspector, worker or other person.\nMaximum penalty—100 penalty units.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Licensees must not transfer licence etc.","content":"### sec.39 Licensees must not transfer licence etc.\n\nA licensee must not transfer, sell, dispose of, lend or hire out the licensee’s licence to another person.\nMaximum penalty—200 penalty units or 1 years imprisonment.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Licensees to notify chief executive of particular changes in circumstances","content":"### sec.40 Licensees to notify chief executive of particular changes in circumstances\n\nA licensee must give the chief executive notice of a prescribed change in circumstances of the licensee within 14 days after the change.\nMaximum penalty—200 penalty units.\nIf the licensee is a corporation, the licensee must give the chief executive notice of a prescribed change in circumstances of an executive officer of the corporation within 14 days after becoming aware of the change.\nMaximum penalty—200 penalty units.\nIn this section—\nprescribed change , in circumstances, means a change prescribed by regulation relating to—\na matter the chief executive must consider in deciding whether a person is a fit and proper person to provide labour hire services; or\ndetails about a licence shown on the register; or\nfor a licensee—accommodation for workers supplied to another person by the licensee.\n(sec.40-ssec.1) A licensee must give the chief executive notice of a prescribed change in circumstances of the licensee within 14 days after the change. Maximum penalty—200 penalty units.\n(sec.40-ssec.2) If the licensee is a corporation, the licensee must give the chief executive notice of a prescribed change in circumstances of an executive officer of the corporation within 14 days after becoming aware of the change. Maximum penalty—200 penalty units.\n(sec.40-ssec.3) In this section— prescribed change , in circumstances, means a change prescribed by regulation relating to— a matter the chief executive must consider in deciding whether a person is a fit and proper person to provide labour hire services; or details about a licence shown on the register; or for a licensee—accommodation for workers supplied to another person by the licensee.\n- (a) a matter the chief executive must consider in deciding whether a person is a fit and proper person to provide labour hire services; or\n- (b) details about a licence shown on the register; or\n- (c) for a licensee—accommodation for workers supplied to another person by the licensee.","sortOrder":53},{"sectionNumber":"pt.5","sectionType":"part","heading":"Obtaining information","content":"# Obtaining information","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Chief executive may require information about applications","content":"### sec.41 Chief executive may require information about applications\n\nThis section applies to each of the following—\nan applicant for a licence;\nan applicant for renewal or restoration of a licence.\nThe chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within a stated reasonable period, information the chief executive reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant fails to comply with the requirement.\n(sec.41-ssec.1) This section applies to each of the following— an applicant for a licence; an applicant for renewal or restoration of a licence.\n(sec.41-ssec.2) The chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within a stated reasonable period, information the chief executive reasonably requires to decide the application.\n(sec.41-ssec.3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant fails to comply with the requirement.\n- (a) an applicant for a licence;\n- (b) an applicant for renewal or restoration of a licence.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Chief executive may enter applicants’ place of business for particular purposes","content":"### sec.42 Chief executive may enter applicants’ place of business for particular purposes\n\nThis section applies to the following—\nan applicant for a licence;\nan applicant for renewal or restoration of a licence.\nSubject to subsection (3) , the chief executive may enter and inspect the applicant’s place of business for the purpose of ascertaining whether the applicant is a fit and proper person to provide labour hire services.\nThe entry must be made—\nat a time the applicant’s business is being carried on; or\nwith the consent of the applicant.\nFor this section, a place of business does not include a part of the place where a person resides.\n(sec.42-ssec.1) This section applies to the following— an applicant for a licence; an applicant for renewal or restoration of a licence.\n(sec.42-ssec.2) Subject to subsection (3) , the chief executive may enter and inspect the applicant’s place of business for the purpose of ascertaining whether the applicant is a fit and proper person to provide labour hire services.\n(sec.42-ssec.3) The entry must be made— at a time the applicant’s business is being carried on; or with the consent of the applicant.\n(sec.42-ssec.4) For this section, a place of business does not include a part of the place where a person resides.\n- (a) an applicant for a licence;\n- (b) an applicant for renewal or restoration of a licence.\n- (a) at a time the applicant’s business is being carried on; or\n- (b) with the consent of the applicant.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Chief executive may require licensees to give information","content":"### sec.43 Chief executive may require licensees to give information\n\nThe chief executive may, by notice given to a licensee, require the licensee to give the chief executive, within a reasonable period of at least 21 days stated in the notice, information the chief executive reasonably requires to decide whether—\nthe licensee is, or continues to be, a fit and proper person to provide labour hire services; or\nthe licensee’s business is financially viable.\nThe chief executive may, in the notice, require the licensee to verify the further information by statutory declaration.\nThe licensee must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is not a reasonable excuse for the licensee not to comply with the notice on the basis that complying with the notice might tend to incriminate the licensee or expose the licensee to a penalty.\nSee, however, section 101 .\nThe chief executive may—\ngive information obtained under this section to an auditor under section 104 (3) (d) ; and\nask the auditor to give the chief executive advice about a matter mentioned in subsection (1) (a) or (b) .\nThe chief executive may ask an auditor to provide advice about financial information given to the chief executive by a licensee.\n(sec.43-ssec.1) The chief executive may, by notice given to a licensee, require the licensee to give the chief executive, within a reasonable period of at least 21 days stated in the notice, information the chief executive reasonably requires to decide whether— the licensee is, or continues to be, a fit and proper person to provide labour hire services; or the licensee’s business is financially viable.\n(sec.43-ssec.2) The chief executive may, in the notice, require the licensee to verify the further information by statutory declaration.\n(sec.43-ssec.3) The licensee must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.43-ssec.4) It is not a reasonable excuse for the licensee not to comply with the notice on the basis that complying with the notice might tend to incriminate the licensee or expose the licensee to a penalty. See, however, section 101 .\n(sec.43-ssec.5) The chief executive may— give information obtained under this section to an auditor under section 104 (3) (d) ; and ask the auditor to give the chief executive advice about a matter mentioned in subsection (1) (a) or (b) . The chief executive may ask an auditor to provide advice about financial information given to the chief executive by a licensee.\n- (a) the licensee is, or continues to be, a fit and proper person to provide labour hire services; or\n- (b) the licensee’s business is financially viable.\n- (a) give information obtained under this section to an auditor under section 104 (3) (d) ; and\n- (b) ask the auditor to give the chief executive advice about a matter mentioned in subsection (1) (a) or (b) .","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Inquiries about whether persons are fit and proper and financially viable","content":"### sec.44 Inquiries about whether persons are fit and proper and financially viable\n\nThe chief executive may make inquiries about a person for deciding—\nif the person is an applicant or licensee—whether the person is a fit and proper person to provide labour hire services; or\nif the person is a licensee—whether the business to which the person’s licence relates is financially viable.\nWithout limiting subsection (1) , the chief executive may ask the commissioner to give the chief executive the following written information about the person—\na report about the person’s criminal history;\na brief description of the nature of the offence or alleged offence giving rise to a conviction or charge mentioned in the person’s criminal history.\nThe commissioner must comply with the request.\nThe commissioner’s obligation to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nIn this section—\ncommissioner means the commissioner of the police service.\n(sec.44-ssec.1) The chief executive may make inquiries about a person for deciding— if the person is an applicant or licensee—whether the person is a fit and proper person to provide labour hire services; or if the person is a licensee—whether the business to which the person’s licence relates is financially viable.\n(sec.44-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner to give the chief executive the following written information about the person— a report about the person’s criminal history; a brief description of the nature of the offence or alleged offence giving rise to a conviction or charge mentioned in the person’s criminal history.\n(sec.44-ssec.3) The commissioner must comply with the request.\n(sec.44-ssec.4) The commissioner’s obligation to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.44-ssec.5) In this section— commissioner means the commissioner of the police service.\n- (a) if the person is an applicant or licensee—whether the person is a fit and proper person to provide labour hire services; or\n- (b) if the person is a licensee—whether the business to which the person’s licence relates is financially viable.\n- (a) a report about the person’s criminal history;\n- (b) a brief description of the nature of the offence or alleged offence giving rise to a conviction or charge mentioned in the person’s criminal history.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Use of criminal history report and information","content":"### sec.45 Use of criminal history report and information\n\nThis section applies to the chief executive in considering information about a person obtained under section 44 .\nThe information may be used only for making a decision mentioned in section 44 (1) .\nHowever, the chief executive may not rely on information about a charge mentioned in the person’s criminal history for making a decision—\nto suspend a licence under section 22 ; or\nabout whether the person is, or continues to be, a fit and proper person to provide labour hire services.\n(sec.45-ssec.1) This section applies to the chief executive in considering information about a person obtained under section 44 .\n(sec.45-ssec.2) The information may be used only for making a decision mentioned in section 44 (1) .\n(sec.45-ssec.3) However, the chief executive may not rely on information about a charge mentioned in the person’s criminal history for making a decision— to suspend a licence under section 22 ; or about whether the person is, or continues to be, a fit and proper person to provide labour hire services.\n- (a) to suspend a licence under section 22 ; or\n- (b) about whether the person is, or continues to be, a fit and proper person to provide labour hire services.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.46 Confidentiality of criminal history information\n\nThis section applies to a person who possesses a report or information given to the chief executive about a person that includes information about a person’s criminal history ( criminal history information ).\nThe person must not, directly or indirectly, disclose the criminal history information to any other person unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose the criminal history information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nto the extent the disclosure is otherwise required or permitted by law; or\nif the disclosure is in a form that does not identify the person to whom the information relates.\nThe chief executive must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.46-ssec.1) This section applies to a person who possesses a report or information given to the chief executive about a person that includes information about a person’s criminal history ( criminal history information ).\n(sec.46-ssec.2) The person must not, directly or indirectly, disclose the criminal history information to any other person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.46-ssec.3) The person is permitted to disclose the criminal history information to another person— to the extent necessary to perform the person’s functions under this Act; or to the extent the disclosure is otherwise required or permitted by law; or if the disclosure is in a form that does not identify the person to whom the information relates.\n(sec.46-ssec.4) The chief executive must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) to the extent the disclosure is otherwise required or permitted by law; or\n- (c) if the disclosure is in a form that does not identify the person to whom the information relates.","sortOrder":60},{"sectionNumber":"pt.6","sectionType":"part","heading":"Monitoring and enforcement","content":"# Monitoring and enforcement","sortOrder":61},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Appointment of inspectors","content":"## Appointment of inspectors","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Functions","content":"### sec.47 Functions\n\nAn inspector’s functions are—\nto monitor compliance with this Act; and\nto investigate and, when necessary, take action to deal with alleged contraventions of this Act; and\nto inform providers and workers of their rights and obligations under this Act.\n(sec.47-ssec) An inspector’s functions are— to monitor compliance with this Act; and to investigate and, when necessary, take action to deal with alleged contraventions of this Act; and to inform providers and workers of their rights and obligations under this Act.\n- (a) to monitor compliance with this Act; and\n- (b) to investigate and, when necessary, take action to deal with alleged contraventions of this Act; and\n- (c) to inform providers and workers of their rights and obligations under this Act.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Appointment","content":"### sec.48 Appointment\n\nThe chief executive may, by instrument, appoint an appropriately qualified public service employee as an inspector.\n(sec.48-ssec) The chief executive may, by instrument, appoint an appropriately qualified public service employee as an inspector.","sortOrder":64},{"sectionNumber":"sec.49","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.49 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.49-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.49-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\n(sec.49-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":65},{"sectionNumber":"sec.50","sectionType":"section","heading":"When office ends","content":"### sec.50 When office ends\n\nThe office of a person as an inspector ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe inspector’s resignation under section 51 takes effect.\nSubsection (1) does not limit the ways the office of a person as an inspector ends.\nIn this section—\ncondition of office means a condition under which the inspector holds office.\n(sec.50-ssec.1) The office of a person as an inspector ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the inspector’s resignation under section 51 takes effect.\n(sec.50-ssec.2) Subsection (1) does not limit the ways the office of a person as an inspector ends.\n(sec.50-ssec.3) In this section— condition of office means a condition under which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the inspector’s resignation under section 51 takes effect.","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Resignation","content":"### sec.51 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Identity cards","content":"### sec.52 Identity cards\n\nThe chief executive must give each inspector an identity card.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the chief executive from giving a single identity card to a person for this Act and other purposes.\n(sec.52-ssec.1) The chief executive must give each inspector an identity card.\n(sec.52-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.52-ssec.3) This section does not prevent the chief executive from giving a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Production and display of identity card","content":"### sec.53 Production and display of identity card\n\nIn exercising a power under this part in relation to a person in the person’s presence, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 55 (1) (b) or (d) .\n(sec.53-ssec.1) In exercising a power under this part in relation to a person in the person’s presence, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.53-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.53-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 55 (1) (b) or (d) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Return of identity card","content":"### sec.54 Return of identity card\n\nIf the office of a person as an inspector ends, the person must return the identity card to the chief executive as soon as practicable after the office ends.\nMaximum penalty—40 penalty units.\n(sec.54-ssec) If the office of a person as an inspector ends, the person must return the identity card to the chief executive as soon as practicable after the office ends. Maximum penalty—40 penalty units.","sortOrder":70},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Powers of entry","content":"## Powers of entry","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"General power to enter places","content":"### sec.55 General power to enter places\n\nAn inspector may enter a place if—\nan occupier at the place consents under subdivision 2 to the entry, and section 59 has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 66 has been complied with for the occupier; or\nit is a workplace and, when the entry is made—\nthe workplace is open for carrying on business; or\nwork is being carried out at the workplace; or\nthe workplace is required to be open for inspection under a condition of a licence.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nAn entry may be made under subsection (1) (d) with or without the consent of an occupier.\n(sec.55-ssec.1) An inspector may enter a place if— an occupier at the place consents under subdivision 2 to the entry, and section 59 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 66 has been complied with for the occupier; or it is a workplace and, when the entry is made— the workplace is open for carrying on business; or work is being carried out at the workplace; or the workplace is required to be open for inspection under a condition of a licence.\n(sec.55-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.55-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.55-ssec.4) An entry may be made under subsection (1) (d) with or without the consent of an occupier.\n- (a) an occupier at the place consents under subdivision 2 to the entry, and section 59 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 66 has been complied with for the occupier; or\n- (d) it is a workplace and, when the entry is made— (i) the workplace is open for carrying on business; or (ii) work is being carried out at the workplace; or (iii) the workplace is required to be open for inspection under a condition of a licence.\n- (i) the workplace is open for carrying on business; or\n- (ii) work is being carried out at the workplace; or\n- (iii) the workplace is required to be open for inspection under a condition of a licence.\n- (i) the workplace is open for carrying on business; or\n- (ii) work is being carried out at the workplace; or\n- (iii) the workplace is required to be open for inspection under a condition of a licence.","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":"Limitation on entry powers","content":"### sec.56 Limitation on entry powers\n\nDespite anything else in this division, the powers of an inspector under this division in relation to entering a place are not exercisable in relation to any part of a place where a person resides except—\nwith the consent of the occupier, if section 59 has been complied with for the occupier; or\nunder the authority of a warrant and, if there is an occupier of the place, section 66 has been complied with for the occupier; or\nfor the purpose only of gaining access to a place suspected to be a workplace, but only—\nif the inspector reasonably believes that no reasonable alternative access is available; and\nat a reasonable time having regard to the times at which the inspector believes work is being carried out at the place to which access is sought.\n- (a) with the consent of the occupier, if section 59 has been complied with for the occupier; or\n- (b) under the authority of a warrant and, if there is an occupier of the place, section 66 has been complied with for the occupier; or\n- (c) for the purpose only of gaining access to a place suspected to be a workplace, but only— (i) if the inspector reasonably believes that no reasonable alternative access is available; and (ii) at a reasonable time having regard to the times at which the inspector believes work is being carried out at the place to which access is sought.\n- (i) if the inspector reasonably believes that no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the inspector believes work is being carried out at the place to which access is sought.\n- (i) if the inspector reasonably believes that no reasonable alternative access is available; and\n- (ii) at a reasonable time having regard to the times at which the inspector believes work is being carried out at the place to which access is sought.","sortOrder":73},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application of subdivision","content":"### sec.57 Application of subdivision\n\nThis subdivision applies if an inspector intends to ask an occupier of a place to consent to the inspector entering the place under section 55 (1) (a) .","sortOrder":74},{"sectionNumber":"sec.58","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.58 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n(sec.58-ssec) For the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":75},{"sectionNumber":"sec.59","sectionType":"section","heading":"Matters inspector must tell occupier","content":"### sec.59 Matters inspector must tell occupier\n\nBefore asking for the consent, the inspector must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":76},{"sectionNumber":"sec.60","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.60 Consent acknowledgement\n\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\nSubsection (5) applies if—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence.\nThe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.60-ssec.1) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.60-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.60-ssec.3) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\n(sec.60-ssec.4) Subsection (5) applies if— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence.\n(sec.60-ssec.5) The onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence.","sortOrder":77},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application for warrant","content":"### sec.61 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe inspector must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.61-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.61-ssec.2) The inspector must prepare a written application that states the grounds on which the warrant is sought.\n(sec.61-ssec.3) The written application must be sworn.\n(sec.61-ssec.4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":78},{"sectionNumber":"sec.62","sectionType":"section","heading":"Issue of warrant","content":"### sec.62 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated inspector or any inspector may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the inspector’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.62-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.62-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated inspector or any inspector may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the inspector’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated inspector or any inspector may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the inspector’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and","sortOrder":79},{"sectionNumber":"sec.63","sectionType":"section","heading":"Electronic application","content":"### sec.63 Electronic application\n\nAn application under section 61 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nThe application—\nmay not be made before the inspector prepares the written application under section 61 (2) ; but\nmay be made before the written application is sworn.\n(sec.63-ssec.1) An application under section 61 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.63-ssec.2) The application— may not be made before the inspector prepares the written application under section 61 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) may not be made before the inspector prepares the written application under section 61 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.64 Additional procedure if electronic application\n\nFor an application made under section 63 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 63 ; and\nthe way the application was made under section 63 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give the inspector a copy of the warrant; or\notherwise—\nthe magistrate must tell the inspector the information mentioned in section 62 (2) ; and\nthe inspector must complete a form of warrant, including by writing on it the information mentioned in section 62 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 61 (2) and (3) ; and\nif the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nSubsection (7) applies if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence.\nDespite subsection (3) , the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 61 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.64-ssec.1) For an application made under section 63 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 63 ; and the way the application was made under section 63 was appropriate.\n(sec.64-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give the inspector a copy of the warrant; or otherwise— the magistrate must tell the inspector the information mentioned in section 62 (2) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in section 62 (2) provided by the magistrate.\n(sec.64-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.64-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 61 (2) and (3) ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.64-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.64-ssec.6) Subsection (7) applies if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence.\n(sec.64-ssec.7) Despite subsection (3) , the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.64-ssec.8) This section does not limit section 61 .\n(sec.64-ssec.9) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 63 ; and\n- (b) the way the application was made under section 63 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give the inspector a copy of the warrant; or\n- (b) otherwise— (i) the magistrate must tell the inspector the information mentioned in section 62 (2) ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 62 (2) provided by the magistrate.\n- (i) the magistrate must tell the inspector the information mentioned in section 62 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 62 (2) provided by the magistrate.\n- (i) the magistrate must tell the inspector the information mentioned in section 62 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 62 (2) provided by the magistrate.\n- (a) the written application complying with section 61 (2) and (3) ; and\n- (b) if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence.","sortOrder":81},{"sectionNumber":"sec.65","sectionType":"section","heading":"Defect in relation to warrant","content":"### sec.65 Defect in relation to warrant\n\nUnless a defect in a warrant affects the substance of the warrant in a material particular, the warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 64 .\n(sec.65-ssec.1) Unless a defect in a warrant affects the substance of the warrant in a material particular, the warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision.\n(sec.65-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 64 .\n- (a) the warrant; or\n- (b) compliance with this subdivision.","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Entry procedure","content":"### sec.66 Entry procedure\n\nThis section applies if an inspector is intending to enter a place under a warrant issued under subdivision 3 .\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\ngive the person a copy of the warrant;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that entry to the place without consent is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 64 .\n(sec.66-ssec.1) This section applies if an inspector is intending to enter a place under a warrant issued under subdivision 3 .\n(sec.66-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment; give the person a copy of the warrant; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.66-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that entry to the place without consent is required to ensure the execution of the warrant is not frustrated.\n(sec.66-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 64 .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":83},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Powers after entering places","content":"## Powers after entering places","sortOrder":84},{"sectionNumber":"sec.67","sectionType":"section","heading":"Application of subdivision","content":"### sec.67 Application of subdivision\n\nA power under this subdivision may be exercised if an inspector enters a place under section 55 (1) (a) , (c) or (d) .\nHowever, if the inspector enters under section 55 (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.\n(sec.67-ssec.1) A power under this subdivision may be exercised if an inspector enters a place under section 55 (1) (a) , (c) or (d) .\n(sec.67-ssec.2) However, if the inspector enters under section 55 (1) (a) or (c) , the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.","sortOrder":85},{"sectionNumber":"sec.68","sectionType":"section","heading":"General powers","content":"### sec.68 General powers\n\nAn inspector may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this subdivision;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe inspector may take a necessary step to allow the exercise of a general power.\nIf the inspector takes a document from the place to copy it, the inspector must copy the document and return it to the place as soon as practicable.\nIf the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.68-ssec.1) An inspector may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this subdivision; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.68-ssec.2) The inspector may take a necessary step to allow the exercise of a general power.\n(sec.68-ssec.3) If the inspector takes a document from the place to copy it, the inspector must copy the document and return it to the place as soon as practicable.\n(sec.68-ssec.4) If the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.\n(sec.68-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this subdivision;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":86},{"sectionNumber":"sec.69","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.69 Power to require reasonable help\n\nThe inspector may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the inspector must warn the person that, without a reasonable excuse, it is an offence for the person not to comply with the requirement.\nFor an offence under section 89 , it is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nIt is an offence under section 89 to fail to comply with a requirement of an inspector without a reasonable excuse.\ns 69 amd 2024 No. 40 s 18\n(sec.69-ssec.1) The inspector may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.69-ssec.2) When making the help requirement, the inspector must warn the person that, without a reasonable excuse, it is an offence for the person not to comply with the requirement.\n(sec.69-ssec.3) For an offence under section 89 , it is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty. It is an offence under section 89 to fail to comply with a requirement of an inspector without a reasonable excuse.","sortOrder":87},{"sectionNumber":"sec.70","sectionType":"section","heading":"Power to require production of documents","content":"### sec.70 Power to require production of documents\n\nAn inspector may require a person to make available for inspection by an inspector, or to produce to the inspector for inspection, at a reasonable time and place nominated by the inspector, a document required to be kept by the person under this Act.\nFor an electronic document, compliance with the requirement requires the making available or production of a clear printed reproduction of the electronic document.\nThe inspector may keep the document to copy it.\nThe inspector must return the document to the person as soon as practicable after copying it.\nFor an offence under section 89 , it is not a reasonable excuse for an individual not to comply with a requirement under subsection (1) on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.\nIt is an offence under section 89 to fail to comply with a requirement of an inspector without a reasonable excuse. See, however, section 101 .\nThe inspector must inform the person, in a way that is reasonable in the circumstances, that—\nthe person must comply with the requirement to produce the document even though complying might tend to incriminate the person or expose the person to a penalty; and\nunder section 101 , there is a limited immunity against the future use of the document given in compliance with the requirement.\nIf the person does not comply with the requirement to produce the document when the inspector has not complied with subsection (6) , the person can not be convicted of an offence under section 89 for not complying with the requirement.\n(sec.70-ssec.1) An inspector may require a person to make available for inspection by an inspector, or to produce to the inspector for inspection, at a reasonable time and place nominated by the inspector, a document required to be kept by the person under this Act.\n(sec.70-ssec.2) For an electronic document, compliance with the requirement requires the making available or production of a clear printed reproduction of the electronic document.\n(sec.70-ssec.3) The inspector may keep the document to copy it.\n(sec.70-ssec.4) The inspector must return the document to the person as soon as practicable after copying it.\n(sec.70-ssec.5) For an offence under section 89 , it is not a reasonable excuse for an individual not to comply with a requirement under subsection (1) on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. It is an offence under section 89 to fail to comply with a requirement of an inspector without a reasonable excuse. See, however, section 101 .\n(sec.70-ssec.6) The inspector must inform the person, in a way that is reasonable in the circumstances, that— the person must comply with the requirement to produce the document even though complying might tend to incriminate the person or expose the person to a penalty; and under section 101 , there is a limited immunity against the future use of the document given in compliance with the requirement.\n(sec.70-ssec.7) If the person does not comply with the requirement to produce the document when the inspector has not complied with subsection (6) , the person can not be convicted of an offence under section 89 for not complying with the requirement.\n- (a) the person must comply with the requirement to produce the document even though complying might tend to incriminate the person or expose the person to a penalty; and\n- (b) under section 101 , there is a limited immunity against the future use of the document given in compliance with the requirement.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.72 Seizing evidence at a place that may be entered without consent or warrant\n\nAn inspector who enters a place the inspector may enter under division 2 without the consent of an occupier of the place and without a warrant may seize a thing at the place if the inspector reasonably believes the thing is evidence of an offence against this Act.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.73 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe inspector enters the place after obtaining the consent or under a warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if—\nthe inspector reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\nThe inspector may also seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.73-ssec.1) This section applies if— an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the inspector enters the place after obtaining the consent or under a warrant.\n(sec.73-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.73-ssec.3) If the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.73-ssec.4) The inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.73-ssec.5) The inspector may also seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the inspector enters the place after obtaining the consent or under a warrant.\n- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.74 Seizure of property subject to security\n\nAn inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.\n(sec.74-ssec.1) An inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.74-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":"Power to secure seized things","content":"### sec.75 Power to secure seized things\n\nHaving seized a thing under this division, an inspector may—\nleave the thing at the place where it was seized (the place of seizure ) but take reasonable action to restrict access to it; or\nmove the thing from the place of seizure.\nFor subsection (1) (a) , the inspector may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n(sec.75-ssec.1) Having seized a thing under this division, an inspector may— leave the thing at the place where it was seized (the place of seizure ) but take reasonable action to restrict access to it; or move the thing from the place of seizure.\n(sec.75-ssec.2) For subsection (1) (a) , the inspector may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n- (a) leave the thing at the place where it was seized (the place of seizure ) but take reasonable action to restrict access to it; or\n- (b) move the thing from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":"Tampering with seized things","content":"### sec.76 Tampering with seized things\n\nIf access to a seized thing is restricted under section 75 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\nIf access to a place is restricted under section 75 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.76-ssec.1) If access to a seized thing is restricted under section 75 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.76-ssec.2) If access to a place is restricted under section 75 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.","sortOrder":93},{"sectionNumber":"sec.77","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.77 Receipt and information notice for seized thing\n\nThis section applies if an inspector seizes anything under this subdivision, unless—\nthe inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\nThe inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this division.\nHowever, the delay may be only for as long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.77-ssec.1) This section applies if an inspector seizes anything under this subdivision, unless— the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n(sec.77-ssec.2) The inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.77-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.77-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.77-ssec.5) The inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this division.\n(sec.77-ssec.6) However, the delay may be only for as long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":94},{"sectionNumber":"sec.78","sectionType":"section","heading":"Access to seized thing","content":"### sec.78 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.78-ssec.1) Until a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.78-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.78-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":95},{"sectionNumber":"sec.79","sectionType":"section","heading":"Return of seized thing","content":"### sec.79 Return of seized thing\n\nThis section applies if a seized thing is not—\nforfeited or dealt with under sections 80 to 83 ; or\nsubject to a disposal order under section 84 .\nAs soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner.\nIf the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return.\nWithin 30 days after receiving the application, the chief executive must—\nif the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or\notherwise—return the thing to the owner.\nFor this section, there are reasonable grounds for retaining a seized thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\na proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Act; or\nit is not lawful for the owner to possess the thing.\nSubsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\nNothing in this section affects a lien or other security over the seized thing.\nIn this section—\nexamine includes analyse, test, measure, weigh, grade, gauge and identify.\n(sec.79-ssec.1) This section applies if a seized thing is not— forfeited or dealt with under sections 80 to 83 ; or subject to a disposal order under section 84 .\n(sec.79-ssec.2) As soon as the chief executive stops being satisfied there are reasonable grounds for retaining the thing, the chief executive must return it to its owner.\n(sec.79-ssec.3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the chief executive for its return.\n(sec.79-ssec.4) Within 30 days after receiving the application, the chief executive must— if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner.\n(sec.79-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Act; or it is not lawful for the owner to possess the thing.\n(sec.79-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\n(sec.79-ssec.7) Nothing in this section affects a lien or other security over the seized thing.\n(sec.79-ssec.8) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify.\n- (a) forfeited or dealt with under sections 80 to 83 ; or\n- (b) subject to a disposal order under section 84 .\n- (a) if the chief executive is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner written notice of the decision, including the grounds for retaining the thing; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act; or\n- (c) it is not lawful for the owner to possess the thing.\n- (i) a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against this Act; or","sortOrder":96},{"sectionNumber":"sec.80","sectionType":"section","heading":"Forfeiture of seized thing","content":"### sec.80 Forfeiture of seized thing\n\nA seized thing is forfeited to the State if an inspector—\nafter making reasonable inquiries, can not find its owner; or\nafter making reasonable efforts, can not return it to its owner.\nHowever, the inspector is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.80-ssec.1) A seized thing is forfeited to the State if an inspector— after making reasonable inquiries, can not find its owner; or after making reasonable efforts, can not return it to its owner.\n(sec.80-ssec.2) However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner.\n(sec.80-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find its owner; or\n- (b) after making reasonable efforts, can not return it to its owner.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":97},{"sectionNumber":"sec.81","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.81 Information notice about forfeiture decision\n\nIf an inspector decides under section 80 (1) to forfeit a thing, the inspector must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\nThe information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply to QCAT for a stay of the decision if the former owner applies for a review of the decision.\nHowever, subsections (1) to (3) do not apply if the place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\n(sec.81-ssec.1) If an inspector decides under section 80 (1) to forfeit a thing, the inspector must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\n(sec.81-ssec.2) The information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.81-ssec.3) The information notice must state that the former owner may apply to QCAT for a stay of the decision if the former owner applies for a review of the decision.\n(sec.81-ssec.4) However, subsections (1) to (3) do not apply if the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) a public place; or\n- (b) a place where the notice is unlikely to be read by the former owner.","sortOrder":98},{"sectionNumber":"sec.82","sectionType":"section","heading":"When thing becomes property of the State","content":"### sec.82 When thing becomes property of the State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 80 (1) ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n(sec.82-ssec) A thing becomes the property of the State if— the thing is forfeited to the State under section 80 (1) ; or the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n- (a) the thing is forfeited to the State under section 80 (1) ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":99},{"sectionNumber":"sec.83","sectionType":"section","heading":"How property may be dealt with","content":"### sec.83 How property may be dealt with\n\nThis section applies if, under section 82 , a thing becomes the property of the State.\nThe chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\nThe chief executive must not deal with the thing in a way that could prejudice the outcome of a review or appeal against the forfeiture.\nIf the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\nThis section is subject to any disposal order made for the thing.\n(sec.83-ssec.1) This section applies if, under section 82 , a thing becomes the property of the State.\n(sec.83-ssec.2) The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.\n(sec.83-ssec.3) The chief executive must not deal with the thing in a way that could prejudice the outcome of a review or appeal against the forfeiture.\n(sec.83-ssec.4) If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\n(sec.83-ssec.5) This section is subject to any disposal order made for the thing.","sortOrder":100},{"sectionNumber":"sec.84","sectionType":"section","heading":"Disposal order","content":"### sec.84 Disposal order\n\nThis section applies if a person is convicted of an offence against this Act.\nThe court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—\nanything that was the subject of, or used to commit, the offence;\nanother thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\nThe court may make a disposal order for a thing—\nwhether or not it has been seized under this subdivision; and\nif the thing has not been seized—whether or not it has been returned to the former owner.\nIn deciding whether to make a disposal order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\nThe court may make any order it considers appropriate to enforce the disposal order.\nThis section does not limit the court’s powers under another law.\n(sec.84-ssec.1) This section applies if a person is convicted of an offence against this Act.\n(sec.84-ssec.2) The court may make an order (a disposal order ), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person— anything that was the subject of, or used to commit, the offence; another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n(sec.84-ssec.3) The court may make a disposal order for a thing— whether or not it has been seized under this subdivision; and if the thing has not been seized—whether or not it has been returned to the former owner.\n(sec.84-ssec.4) In deciding whether to make a disposal order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.84-ssec.5) The court may make any order it considers appropriate to enforce the disposal order.\n(sec.84-ssec.6) This section does not limit the court’s powers under another law.\n- (a) anything that was the subject of, or used to commit, the offence;\n- (b) another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.\n- (a) whether or not it has been seized under this subdivision; and\n- (b) if the thing has not been seized—whether or not it has been returned to the former owner.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":101},{"sectionNumber":"pt.6-div.3A","sectionType":"division","heading":"Power to require information or attendance","content":"## Power to require information or attendance","sortOrder":102},{"sectionNumber":"sec.84A","sectionType":"section","heading":"Power to require information or attendance","content":"### sec.84A Power to require information or attendance\n\nThis section applies if an inspector reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe inspector may, by notice given to the person, require the person to—\ngive the inspector information related to the offence by a stated reasonable time; or\nattend before the inspector at a stated reasonable time and place to answer questions, or produce documents, related to the offence.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or printed version of the electronic document.\nFor an offence under section 89 , it is a reasonable excuse for an individual not to comply with a requirement made under subsection (2) if complying might tend to incriminate the individual or expose the individual to a penalty.\nIt is an offence under section 89 to fail to comply with a requirement of an inspector without a reasonable excuse.\nIn this section—\ninformation includes a document.\ns 84A (prev s 71) reloc and renum 2024 No. 40 s 19\n(sec.84A-ssec.1) This section applies if an inspector reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.84A-ssec.2) The inspector may, by notice given to the person, require the person to— give the inspector information related to the offence by a stated reasonable time; or attend before the inspector at a stated reasonable time and place to answer questions, or produce documents, related to the offence.\n(sec.84A-ssec.3) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or printed version of the electronic document.\n(sec.84A-ssec.4) For an offence under section 89 , it is a reasonable excuse for an individual not to comply with a requirement made under subsection (2) if complying might tend to incriminate the individual or expose the individual to a penalty. It is an offence under section 89 to fail to comply with a requirement of an inspector without a reasonable excuse.\n(sec.84A-ssec.5) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.\n- (a) give the inspector information related to the offence by a stated reasonable time; or\n- (b) attend before the inspector at a stated reasonable time and place to answer questions, or produce documents, related to the offence.","sortOrder":103},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Miscellaneous provisions relating to inspectors","content":"## Miscellaneous provisions relating to inspectors","sortOrder":104},{"sectionNumber":"sec.85","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.85 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an inspector must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 87 .","sortOrder":105},{"sectionNumber":"sec.86","sectionType":"section","heading":"Notice of damage","content":"### sec.86 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an inspector damages something.\nHowever, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe inspector must give notice of the damage to a person who appears to the inspector to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the inspector must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the inspector.\nThe delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 87 .\n(sec.86-ssec.1) This section applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an inspector damages something.\n(sec.86-ssec.2) However, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.86-ssec.3) The inspector must give notice of the damage to a person who appears to the inspector to be an owner, or person in control, of the thing.\n(sec.86-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the inspector must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.86-ssec.5) The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the inspector.\n(sec.86-ssec.6) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.86-ssec.7) If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\n(sec.86-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 87 .\n- (a) an inspector damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an inspector damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 87 .","sortOrder":106},{"sectionNumber":"sec.87","sectionType":"section","heading":"Compensation","content":"### sec.87 Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under division 3 .\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 85 does not provide for a statutory right of compensation other than as provided by this section.\nIn this section—\nloss includes costs and damage.\n(sec.87-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under division 3 .\n(sec.87-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.87-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.87-ssec.4) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture.\n(sec.87-ssec.5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.87-ssec.6) Section 85 does not provide for a statutory right of compensation other than as provided by this section.\n(sec.87-ssec.7) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture.","sortOrder":107},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Obstruction and failure to comply with inspectors","content":"## Obstruction and failure to comply with inspectors","sortOrder":108},{"sectionNumber":"sec.88","sectionType":"section","heading":"Obstructing inspectors","content":"### sec.88 Obstructing inspectors\n\nA person must not obstruct an inspector exercising a power, or a person helping an inspector exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an inspector, or a person helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.88-ssec.1) A person must not obstruct an inspector exercising a power, or a person helping an inspector exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.88-ssec.2) If a person has obstructed an inspector, or a person helping an inspector, and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the inspector considers the person’s conduct an obstruction.\n(sec.88-ssec.3) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct an obstruction.","sortOrder":109},{"sectionNumber":"sec.89","sectionType":"section","heading":"Failure to comply with requirements of inspectors","content":"### sec.89 Failure to comply with requirements of inspectors\n\nIf, in the exercise of a power under this Act an inspector makes a requirement of a person, the person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\n(sec.89-ssec) If, in the exercise of a power under this Act an inspector makes a requirement of a person, the person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.","sortOrder":110},{"sectionNumber":"pt.7","sectionType":"part","heading":"General offence provisions","content":"# General offence provisions","sortOrder":111},{"sectionNumber":"sec.90","sectionType":"section","heading":"Persons must report avoidance arrangements","content":"### sec.90 Persons must report avoidance arrangements\n\nThis section applies if—\na person (the non-complying person ) has supplied, or intends to supply, a worker to another person; and\nthe other person (the client ) is aware, or ought reasonably to be aware, the supply or intended supply by the non-complying person is an avoidance arrangement.\nAs soon as practicable after the client becomes aware, or ought reasonably to have become aware, of the matter mentioned subsection (1) (b) , the client must, unless the person has a reasonable excuse, give the chief executive a notice stating—\nthe name of the non-complying person; and\na brief description of the avoidance arrangement.\nMaximum penalty—200 penalty units.\n(sec.90-ssec.1) This section applies if— a person (the non-complying person ) has supplied, or intends to supply, a worker to another person; and the other person (the client ) is aware, or ought reasonably to be aware, the supply or intended supply by the non-complying person is an avoidance arrangement.\n(sec.90-ssec.2) As soon as practicable after the client becomes aware, or ought reasonably to have become aware, of the matter mentioned subsection (1) (b) , the client must, unless the person has a reasonable excuse, give the chief executive a notice stating— the name of the non-complying person; and a brief description of the avoidance arrangement. Maximum penalty—200 penalty units.\n- (a) a person (the non-complying person ) has supplied, or intends to supply, a worker to another person; and\n- (b) the other person (the client ) is aware, or ought reasonably to be aware, the supply or intended supply by the non-complying person is an avoidance arrangement.\n- (a) the name of the non-complying person; and\n- (b) a brief description of the avoidance arrangement.","sortOrder":112},{"sectionNumber":"sec.91","sectionType":"section","heading":"False or misleading information","content":"### sec.91 False or misleading information\n\nA person must not, for this Act, give an official information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person who, when giving information in a document—\ninforms the official, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the official the correction information.\n(sec.91-ssec.1) A person must not, for this Act, give an official information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.91-ssec.2) Subsection (1) does not apply to a person who, when giving information in a document— informs the official, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the official the correction information.\n- (a) informs the official, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the official the correction information.","sortOrder":113},{"sectionNumber":"sec.92","sectionType":"section","heading":"Persons considered parties to offences","content":"### sec.92 Persons considered parties to offences\n\nThis section applies to a person who counsels, procures or aids the commission of an offence under this Act.\nThe person is taken to have committed the offence and to be liable to the penalty prescribed for the offence.\nThis section does not limit the Criminal Code , section 7 .\n(sec.92-ssec.1) This section applies to a person who counsels, procures or aids the commission of an offence under this Act.\n(sec.92-ssec.2) The person is taken to have committed the offence and to be liable to the penalty prescribed for the offence.\n(sec.92-ssec.3) This section does not limit the Criminal Code , section 7 .","sortOrder":114},{"sectionNumber":"pt.8","sectionType":"part","heading":"Reviews and appeals","content":"# Reviews and appeals","sortOrder":115},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Reviews","content":"## Reviews","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Application for review","content":"### sec.93 Application for review\n\nA person who has been given, or is entitled to be given, an information notice for a decision may apply for a review of the decision.\nAlso, an interested person may apply for a review of a decision to—\ngrant a licence under section 16 ; or\nsuspend a licence under section 22 ; or\nimpose, vary or revoke a condition of a licensee’s licence under section 29 .\nIn this section—\ninterested person means a person or organisation, other than a licensee, who has an interest in the protection of workers or the integrity of the labour hire industry.\n(sec.93-ssec.1) A person who has been given, or is entitled to be given, an information notice for a decision may apply for a review of the decision.\n(sec.93-ssec.2) Also, an interested person may apply for a review of a decision to— grant a licence under section 16 ; or suspend a licence under section 22 ; or impose, vary or revoke a condition of a licensee’s licence under section 29 .\n(sec.93-ssec.3) In this section— interested person means a person or organisation, other than a licensee, who has an interest in the protection of workers or the integrity of the labour hire industry.\n- (a) grant a licence under section 16 ; or\n- (b) suspend a licence under section 22 ; or\n- (c) impose, vary or revoke a condition of a licensee’s licence under section 29 .","sortOrder":117},{"sectionNumber":"sec.94","sectionType":"section","heading":"How to apply","content":"### sec.94 How to apply\n\nAn application for review of a decision must be—\nin the approved form; and\nsupported by enough information to enable the chief executive to decide the application.\nThe application must be made within 28 days after—\nfor a person mentioned in section 93 (1) —\nthe day the person is given the information notice about the decision; or\nif the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision; or\nfor a person or organisation mentioned in section 93 (2) —within 28 days after the information about the decision is first shown on the register.\nThe chief executive may extend the period for applying for the review.\n(sec.94-ssec.1) An application for review of a decision must be— in the approved form; and supported by enough information to enable the chief executive to decide the application.\n(sec.94-ssec.2) The application must be made within 28 days after— for a person mentioned in section 93 (1) — the day the person is given the information notice about the decision; or if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision; or for a person or organisation mentioned in section 93 (2) —within 28 days after the information about the decision is first shown on the register.\n(sec.94-ssec.3) The chief executive may extend the period for applying for the review.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the chief executive to decide the application.\n- (a) for a person mentioned in section 93 (1) — (i) the day the person is given the information notice about the decision; or (ii) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision; or\n- (i) the day the person is given the information notice about the decision; or\n- (ii) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision; or\n- (b) for a person or organisation mentioned in section 93 (2) —within 28 days after the information about the decision is first shown on the register.\n- (i) the day the person is given the information notice about the decision; or\n- (ii) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision; or","sortOrder":118},{"sectionNumber":"sec.95","sectionType":"section","heading":"Chief executive must notify licensee of application by another person","content":"### sec.95 Chief executive must notify licensee of application by another person\n\nThis section applies if the applicant for review of a decision is a person or organisation mentioned in section 93 (2) .\nOn receiving the application, the chief executive must give notice of the application to the holder of the licence to which the decision relates.\nThe notice must be accompanied by a copy of the application.\n(sec.95-ssec.1) This section applies if the applicant for review of a decision is a person or organisation mentioned in section 93 (2) .\n(sec.95-ssec.2) On receiving the application, the chief executive must give notice of the application to the holder of the licence to which the decision relates.\n(sec.95-ssec.3) The notice must be accompanied by a copy of the application.","sortOrder":119},{"sectionNumber":"sec.96","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.96 Stay of operation of decision\n\nAn application for review of a decision does not stay the decision.\nHowever, an applicant mentioned in section 93 (1) may immediately apply to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the review and a later appeal to QCAT.\nThe stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be amended or revoked by QCAT.\nThe period of the stay must not extend past the time when the chief executive makes a review decision about the decision and any later period QCAT allows the applicant to enable the applicant to appeal against the review decision.\nAn application for review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n(sec.96-ssec.1) An application for review of a decision does not stay the decision.\n(sec.96-ssec.2) However, an applicant mentioned in section 93 (1) may immediately apply to QCAT for a stay of the decision.\n(sec.96-ssec.3) QCAT may stay the decision to secure the effectiveness of the review and a later appeal to QCAT.\n(sec.96-ssec.4) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be amended or revoked by QCAT.\n(sec.96-ssec.5) The period of the stay must not extend past the time when the chief executive makes a review decision about the decision and any later period QCAT allows the applicant to enable the applicant to appeal against the review decision.\n(sec.96-ssec.6) An application for review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be amended or revoked by QCAT.","sortOrder":120},{"sectionNumber":"sec.97","sectionType":"section","heading":"Review decision","content":"### sec.97 Review decision\n\nThe chief executive must, within 21 days after receiving the application—\nreview the decision (the original decision ); and\nmake a decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive notice (the review notice ) of the decision—\nto the applicant; and\nif the applicant is a person or organisation mentioned in section 93 (2) —to the holder of the licence to which the original decision relates.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to a decision made by the chief executive personally.\nIf the review decision is not the decision sought by the applicant, the review notice given to the applicant must be accompanied by a QCAT information notice.\nIf the applicant is a person or organisation mentioned in section 93 (2) , and the review decision is the decision sought by the applicant, the review notice given to the holder of the licence under subsection (1) (c) (ii) must be accompanied by a QCAT information notice.\nIf the chief executive does not give a review notice within the 21 days, the chief executive is taken to have made a review decision confirming the original decision.\n(sec.97-ssec.1) The chief executive must, within 21 days after receiving the application— review the decision (the original decision ); and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give notice (the review notice ) of the decision— to the applicant; and if the applicant is a person or organisation mentioned in section 93 (2) —to the holder of the licence to which the original decision relates.\n(sec.97-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.97-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a decision made by the chief executive personally.\n(sec.97-ssec.4) If the review decision is not the decision sought by the applicant, the review notice given to the applicant must be accompanied by a QCAT information notice.\n(sec.97-ssec.5) If the applicant is a person or organisation mentioned in section 93 (2) , and the review decision is the decision sought by the applicant, the review notice given to the holder of the licence under subsection (1) (c) (ii) must be accompanied by a QCAT information notice.\n(sec.97-ssec.6) If the chief executive does not give a review notice within the 21 days, the chief executive is taken to have made a review decision confirming the original decision.\n- (a) review the decision (the original decision ); and\n- (b) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give notice (the review notice ) of the decision— (i) to the applicant; and (ii) if the applicant is a person or organisation mentioned in section 93 (2) —to the holder of the licence to which the original decision relates.\n- (i) to the applicant; and\n- (ii) if the applicant is a person or organisation mentioned in section 93 (2) —to the holder of the licence to which the original decision relates.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (i) to the applicant; and\n- (ii) if the applicant is a person or organisation mentioned in section 93 (2) —to the holder of the licence to which the original decision relates.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to a decision made by the chief executive personally.","sortOrder":121},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":"Who may appeal","content":"### sec.98 Who may appeal\n\nA person or organisation who is given a QCAT information notice for a decision may apply, as provided for under the QCAT Act , for a review of the decision.\nIf the person or organisation making the application is a person mentioned in section 93 (2) , the holder of the licence to which the decision relates is a party to the review proceeding.\n(sec.98-ssec.1) A person or organisation who is given a QCAT information notice for a decision may apply, as provided for under the QCAT Act , for a review of the decision.\n(sec.98-ssec.2) If the person or organisation making the application is a person mentioned in section 93 (2) , the holder of the licence to which the decision relates is a party to the review proceeding.","sortOrder":123},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":124},{"sectionNumber":"sec.99","sectionType":"section","heading":"Evidentiary matters","content":"### sec.99 Evidentiary matters\n\nIn proceedings under this Act—\nthe appointment as inspector of a person claiming to be, or stated to be, an inspector, and the authority of an inspector to take proceedings or do any act, must be presumed, until the contrary is proved; and\na signature purporting to be of an inspector is taken as the signature it purports to be, until the contrary is proved; and\na document purporting to be a copy of a notice or order issued under this Act by an inspector is admissible as evidence of the issue of the notice or order and of the things in it; and\na certificate purporting to be signed by the chief executive stating the following matters is evidence of the matter—\na stated document is a decision, or a copy of a decision, made under this Act;\na stated document is a notice, or a copy of a notice, given under this Act;\na stated document is a document, or a copy of a document, kept under this Act;\non a stated day, a stated person was, or was not, a licensee;\non a stated day, a stated person was given a stated notice under this Act.\n- (a) the appointment as inspector of a person claiming to be, or stated to be, an inspector, and the authority of an inspector to take proceedings or do any act, must be presumed, until the contrary is proved; and\n- (b) a signature purporting to be of an inspector is taken as the signature it purports to be, until the contrary is proved; and\n- (c) a document purporting to be a copy of a notice or order issued under this Act by an inspector is admissible as evidence of the issue of the notice or order and of the things in it; and\n- (d) a certificate purporting to be signed by the chief executive stating the following matters is evidence of the matter— (i) a stated document is a decision, or a copy of a decision, made under this Act; (ii) a stated document is a notice, or a copy of a notice, given under this Act; (iii) a stated document is a document, or a copy of a document, kept under this Act; (iv) on a stated day, a stated person was, or was not, a licensee; (v) on a stated day, a stated person was given a stated notice under this Act.\n- (i) a stated document is a decision, or a copy of a decision, made under this Act;\n- (ii) a stated document is a notice, or a copy of a notice, given under this Act;\n- (iii) a stated document is a document, or a copy of a document, kept under this Act;\n- (iv) on a stated day, a stated person was, or was not, a licensee;\n- (v) on a stated day, a stated person was given a stated notice under this Act.\n- (i) a stated document is a decision, or a copy of a decision, made under this Act;\n- (ii) a stated document is a notice, or a copy of a notice, given under this Act;\n- (iii) a stated document is a document, or a copy of a document, kept under this Act;\n- (iv) on a stated day, a stated person was, or was not, a licensee;\n- (v) on a stated day, a stated person was given a stated notice under this Act.","sortOrder":125},{"sectionNumber":"sec.100","sectionType":"section","heading":"Offence proceedings","content":"### sec.100 Offence proceedings\n\nA proceeding for an offence against this Act must start—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.100-ssec) A proceeding for an offence against this Act must start— within 1 year after the offence is committed; or within 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":126},{"sectionNumber":"sec.101","sectionType":"section","heading":"Evidential immunity for individuals complying with particular requirements","content":"### sec.101 Evidential immunity for individuals complying with particular requirements\n\nSubsection (2) applies if an individual gives or produces information or a document, other than a document required to be kept or given under this Act, to—\nthe chief executive under section 43 ; or\nan inspector under section 70 .\nEvidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\nSubsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.\n(sec.101-ssec.1) Subsection (2) applies if an individual gives or produces information or a document, other than a document required to be kept or given under this Act, to— the chief executive under section 43 ; or an inspector under section 70 .\n(sec.101-ssec.2) Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.\n(sec.101-ssec.3) Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.\n- (a) the chief executive under section 43 ; or\n- (b) an inspector under section 70 .","sortOrder":127},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":128},{"sectionNumber":"sec.102","sectionType":"section","heading":"Waiver of particular requirements to give information","content":"### sec.102 Waiver of particular requirements to give information\n\nThe chief executive may waive a relevant information requirement if the chief executive is satisfied—\nthe applicant or licensee has—\ncomplied with a requirement to give information to an entity under a regulatory scheme of the Commonwealth or a State, or another scheme that provides for the accreditation of persons for particular industries or professions; and\nthe relevant information given by the applicant or licensee in compliance with the requirement is substantially the same as the information to which the requirement relates; or\nthe information to which the requirement is about whether the applicant or licensee is capable of complying with a relevant law, and the applicant or licensee has—\nobtained a qualification or accreditation relating to the applicant’s or licensee’s obligations under the relevant law; and\nthe qualification or accreditation demonstrates that the licensee is able to comply with the relevant law.\nThe chief executive may make a policy about waiver of particular relevant information requirements.\nIf the chief executive makes a policy under subsection (2) , the chief executive must publish it on the labour hire website.\nIn this section—\nrelevant information requirement means a requirement under this Act about information to be given to the chief executive by—\nan applicant for an application for a licence or renewal or restoration of a licence; or\na licensee in a report under section 31 .\n(sec.102-ssec.1) The chief executive may waive a relevant information requirement if the chief executive is satisfied— the applicant or licensee has— complied with a requirement to give information to an entity under a regulatory scheme of the Commonwealth or a State, or another scheme that provides for the accreditation of persons for particular industries or professions; and the relevant information given by the applicant or licensee in compliance with the requirement is substantially the same as the information to which the requirement relates; or the information to which the requirement is about whether the applicant or licensee is capable of complying with a relevant law, and the applicant or licensee has— obtained a qualification or accreditation relating to the applicant’s or licensee’s obligations under the relevant law; and the qualification or accreditation demonstrates that the licensee is able to comply with the relevant law.\n(sec.102-ssec.2) The chief executive may make a policy about waiver of particular relevant information requirements.\n(sec.102-ssec.3) If the chief executive makes a policy under subsection (2) , the chief executive must publish it on the labour hire website.\n(sec.102-ssec.4) In this section— relevant information requirement means a requirement under this Act about information to be given to the chief executive by— an applicant for an application for a licence or renewal or restoration of a licence; or a licensee in a report under section 31 .\n- (a) the applicant or licensee has— (i) complied with a requirement to give information to an entity under a regulatory scheme of the Commonwealth or a State, or another scheme that provides for the accreditation of persons for particular industries or professions; and (ii) the relevant information given by the applicant or licensee in compliance with the requirement is substantially the same as the information to which the requirement relates; or\n- (i) complied with a requirement to give information to an entity under a regulatory scheme of the Commonwealth or a State, or another scheme that provides for the accreditation of persons for particular industries or professions; and\n- (ii) the relevant information given by the applicant or licensee in compliance with the requirement is substantially the same as the information to which the requirement relates; or\n- (b) the information to which the requirement is about whether the applicant or licensee is capable of complying with a relevant law, and the applicant or licensee has— (i) obtained a qualification or accreditation relating to the applicant’s or licensee’s obligations under the relevant law; and (ii) the qualification or accreditation demonstrates that the licensee is able to comply with the relevant law.\n- (i) obtained a qualification or accreditation relating to the applicant’s or licensee’s obligations under the relevant law; and\n- (ii) the qualification or accreditation demonstrates that the licensee is able to comply with the relevant law.\n- (i) complied with a requirement to give information to an entity under a regulatory scheme of the Commonwealth or a State, or another scheme that provides for the accreditation of persons for particular industries or professions; and\n- (ii) the relevant information given by the applicant or licensee in compliance with the requirement is substantially the same as the information to which the requirement relates; or\n- (i) obtained a qualification or accreditation relating to the applicant’s or licensee’s obligations under the relevant law; and\n- (ii) the qualification or accreditation demonstrates that the licensee is able to comply with the relevant law.\n- (a) an applicant for an application for a licence or renewal or restoration of a licence; or\n- (b) a licensee in a report under section 31 .","sortOrder":129},{"sectionNumber":"sec.103","sectionType":"section","heading":"Register of licences","content":"### sec.103 Register of licences\n\nThe chief executive must keep a register of licences.\nThe register must contain the following particulars for each licence—\nthe licensee’s name and contact details;\nthe business name, ABN and address for the business to which the licence relates;\nthe name and contact details of each nominated officer for the licence;\nthe industries in which the licensee supplies workers;\nthe licence number;\nthe dates of issue and expiry of the licence;\nthe number of years the licensee has held a licence;\nany conditions imposed on the licence by the chief executive under section 29 ;\nthe locations in Queensland where work is carried out by workers supplied by the licensee;\nwhether accommodation is provided for workers supplied by the licensee;\nthe details of any enforcement action taken under this Act against the licensee, including information about prosecutions or a suspension of the licence;\nfor notifiable incidents notified under the Work Health and Safety Act 2011 , section 38 —\nthe number of incidents stated in the licensee’s most recent report given under section 31 ; and\nthe total number of incidents stated in each of the licensee’s reports given under section 31 ;\nfor injuries to workers supplied by the licensee for which applications for compensation are made under the Workers’ Compensation and Rehabilitation Act 2003 —\nthe number of injuries stated in the licensee’s most recent report given under section 31 ; and\nthe total number of injuries stated in each of the licensee’s reports given under section 31 ;\nany other matter prescribed by regulation.\nThe chief executive must make the register available, free of charge, on the labour hire website.\n(sec.103-ssec.1) The chief executive must keep a register of licences.\n(sec.103-ssec.2) The register must contain the following particulars for each licence— the licensee’s name and contact details; the business name, ABN and address for the business to which the licence relates; the name and contact details of each nominated officer for the licence; the industries in which the licensee supplies workers; the licence number; the dates of issue and expiry of the licence; the number of years the licensee has held a licence; any conditions imposed on the licence by the chief executive under section 29 ; the locations in Queensland where work is carried out by workers supplied by the licensee; whether accommodation is provided for workers supplied by the licensee; the details of any enforcement action taken under this Act against the licensee, including information about prosecutions or a suspension of the licence; for notifiable incidents notified under the Work Health and Safety Act 2011 , section 38 — the number of incidents stated in the licensee’s most recent report given under section 31 ; and the total number of incidents stated in each of the licensee’s reports given under section 31 ; for injuries to workers supplied by the licensee for which applications for compensation are made under the Workers’ Compensation and Rehabilitation Act 2003 — the number of injuries stated in the licensee’s most recent report given under section 31 ; and the total number of injuries stated in each of the licensee’s reports given under section 31 ; any other matter prescribed by regulation.\n(sec.103-ssec.3) The chief executive must make the register available, free of charge, on the labour hire website.\n- (a) the licensee’s name and contact details;\n- (b) the business name, ABN and address for the business to which the licence relates;\n- (c) the name and contact details of each nominated officer for the licence;\n- (d) the industries in which the licensee supplies workers;\n- (e) the licence number;\n- (f) the dates of issue and expiry of the licence;\n- (g) the number of years the licensee has held a licence;\n- (h) any conditions imposed on the licence by the chief executive under section 29 ;\n- (i) the locations in Queensland where work is carried out by workers supplied by the licensee;\n- (j) whether accommodation is provided for workers supplied by the licensee;\n- (k) the details of any enforcement action taken under this Act against the licensee, including information about prosecutions or a suspension of the licence;\n- (l) for notifiable incidents notified under the Work Health and Safety Act 2011 , section 38 — (i) the number of incidents stated in the licensee’s most recent report given under section 31 ; and (ii) the total number of incidents stated in each of the licensee’s reports given under section 31 ;\n- (i) the number of incidents stated in the licensee’s most recent report given under section 31 ; and\n- (ii) the total number of incidents stated in each of the licensee’s reports given under section 31 ;\n- (m) for injuries to workers supplied by the licensee for which applications for compensation are made under the Workers’ Compensation and Rehabilitation Act 2003 — (i) the number of injuries stated in the licensee’s most recent report given under section 31 ; and (ii) the total number of injuries stated in each of the licensee’s reports given under section 31 ;\n- (i) the number of injuries stated in the licensee’s most recent report given under section 31 ; and\n- (ii) the total number of injuries stated in each of the licensee’s reports given under section 31 ;\n- (n) any other matter prescribed by regulation.\n- (i) the number of incidents stated in the licensee’s most recent report given under section 31 ; and\n- (ii) the total number of incidents stated in each of the licensee’s reports given under section 31 ;\n- (i) the number of injuries stated in the licensee’s most recent report given under section 31 ; and\n- (ii) the total number of injuries stated in each of the licensee’s reports given under section 31 ;","sortOrder":130},{"sectionNumber":"sec.104","sectionType":"section","heading":"Disclosure of confidential information","content":"### sec.104 Disclosure of confidential information\n\nThis section applies to a person who—\nis or has been engaged in the administration of this Act; or\nhas obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\nThe person must not disclose confidential information acquired by the person to anyone else other than under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may disclose confidential information—\nwith the written consent of the person to whom the information relates or someone else authorised by the person; or\nto the person to whom the information relates; or\nif the disclosure is authorised under an Act or law; or\nin connection with the administration of this Act, or the enforcement of a relevant law; or\nfor a legal proceeding under this Act.\nIf, under subsection (3) , confidential information is disclosed to another person in connection with the administration or enforcement of a law, the person must not disclose the information to anyone else other than in connection with that purpose.\nMaximum penalty—100 penalty units.\nIn this section—\nconfidential information means information given to an official under this Act, if the information identifies a person.\n(sec.104-ssec.1) This section applies to a person who— is or has been engaged in the administration of this Act; or has obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\n(sec.104-ssec.2) The person must not disclose confidential information acquired by the person to anyone else other than under subsection (3) . Maximum penalty—100 penalty units.\n(sec.104-ssec.3) The person may disclose confidential information— with the written consent of the person to whom the information relates or someone else authorised by the person; or to the person to whom the information relates; or if the disclosure is authorised under an Act or law; or in connection with the administration of this Act, or the enforcement of a relevant law; or for a legal proceeding under this Act.\n(sec.104-ssec.4) If, under subsection (3) , confidential information is disclosed to another person in connection with the administration or enforcement of a law, the person must not disclose the information to anyone else other than in connection with that purpose. Maximum penalty—100 penalty units.\n(sec.104-ssec.5) In this section— confidential information means information given to an official under this Act, if the information identifies a person.\n- (a) is or has been engaged in the administration of this Act; or\n- (b) has obtained access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\n- (a) with the written consent of the person to whom the information relates or someone else authorised by the person; or\n- (b) to the person to whom the information relates; or\n- (c) if the disclosure is authorised under an Act or law; or\n- (d) in connection with the administration of this Act, or the enforcement of a relevant law; or\n- (e) for a legal proceeding under this Act.","sortOrder":131},{"sectionNumber":"sec.105","sectionType":"section","heading":"Publication of information","content":"### sec.105 Publication of information\n\nThe chief executive may publish on the labour hire website—\nthe following information about an applicant for a licence—\nthe applicant’s name;\nthe name of the applicant’s business; and\ninformation about enforcement action taken under this Act, including information about prosecutions and the suspension or cancellation of a licence; and\nthe following information about a former licensee who has surrendered a licence—\nthe former licensee’s name;\nthe name of the former licensee’s business.\nInformation published under subsection (1) (b) must not include information that could identify or lead to the identification of an individual other than—\na licensee; or\na person who has been convicted of an offence against this Act.\n(sec.105-ssec.1) The chief executive may publish on the labour hire website— the following information about an applicant for a licence— the applicant’s name; the name of the applicant’s business; and information about enforcement action taken under this Act, including information about prosecutions and the suspension or cancellation of a licence; and the following information about a former licensee who has surrendered a licence— the former licensee’s name; the name of the former licensee’s business.\n(sec.105-ssec.2) Information published under subsection (1) (b) must not include information that could identify or lead to the identification of an individual other than— a licensee; or a person who has been convicted of an offence against this Act.\n- (a) the following information about an applicant for a licence— (i) the applicant’s name; (ii) the name of the applicant’s business; and\n- (i) the applicant’s name;\n- (ii) the name of the applicant’s business; and\n- (b) information about enforcement action taken under this Act, including information about prosecutions and the suspension or cancellation of a licence; and\n- (c) the following information about a former licensee who has surrendered a licence— (i) the former licensee’s name; (ii) the name of the former licensee’s business.\n- (i) the former licensee’s name;\n- (ii) the name of the former licensee’s business.\n- (i) the applicant’s name;\n- (ii) the name of the applicant’s business; and\n- (i) the former licensee’s name;\n- (ii) the name of the former licensee’s business.\n- (a) a licensee; or\n- (b) a person who has been convicted of an offence against this Act.","sortOrder":132},{"sectionNumber":"sec.106","sectionType":"section","heading":"Delegation","content":"### sec.106 Delegation\n\nThe chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified officer of the department.","sortOrder":133},{"sectionNumber":"sec.107","sectionType":"section","heading":"Approved forms","content":"### sec.107 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":134},{"sectionNumber":"sec.107A","sectionType":"section","heading":"Service of documents","content":"### sec.107A Service of documents\n\nThis section applies if a provision of this Act requires or permits a document to be given to a person by the chief executive or an inspector.\nFor the Acts Interpretation Act 1954 , section 39 , the address of the person’s place of residence or business includes the person’s postal address.\nWithout limiting the Acts Interpretation Act 1954 , section 39 , the document may—\nbe sent by email to the person’s email address last notified to the chief executive by the person; or\nbe made available to the person or given in a way prescribed by regulation.\nThe document is taken to be given—\nif sent by email—on the day the email is sent; or\nif made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.\nHowever, if the document is given after 5p.m. on a particular day, the document is taken to be given to the person on the next business day.\ns 107A ins 2024 No. 40 s 21\n(sec.107A-ssec.1) This section applies if a provision of this Act requires or permits a document to be given to a person by the chief executive or an inspector.\n(sec.107A-ssec.2) For the Acts Interpretation Act 1954 , section 39 , the address of the person’s place of residence or business includes the person’s postal address.\n(sec.107A-ssec.3) Without limiting the Acts Interpretation Act 1954 , section 39 , the document may— be sent by email to the person’s email address last notified to the chief executive by the person; or be made available to the person or given in a way prescribed by regulation.\n(sec.107A-ssec.4) The document is taken to be given— if sent by email—on the day the email is sent; or if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.\n(sec.107A-ssec.5) However, if the document is given after 5p.m. on a particular day, the document is taken to be given to the person on the next business day.\n- (a) be sent by email to the person’s email address last notified to the chief executive by the person; or\n- (b) be made available to the person or given in a way prescribed by regulation.\n- (a) if sent by email—on the day the email is sent; or\n- (b) if made available to the person or given in a way prescribed by regulation—on the day prescribed by regulation.","sortOrder":135},{"sectionNumber":"sec.108","sectionType":"section","heading":"Regulation-making power","content":"### sec.108 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprovide for fees payable under this Act, including refunding or waiving of all or part of the fees; or\nimpose a penalty of not more than 20 penalty units for a contravention of a regulation; or\nprovide for the keeping of records under this Act, including the form in which records are to be kept; or\nprovide for the length of time documents required to be kept under this Act are to be kept.\n(sec.108-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.108-ssec.2) A regulation may— provide for fees payable under this Act, including refunding or waiving of all or part of the fees; or impose a penalty of not more than 20 penalty units for a contravention of a regulation; or provide for the keeping of records under this Act, including the form in which records are to be kept; or provide for the length of time documents required to be kept under this Act are to be kept.\n- (a) provide for fees payable under this Act, including refunding or waiving of all or part of the fees; or\n- (b) impose a penalty of not more than 20 penalty units for a contravention of a regulation; or\n- (c) provide for the keeping of records under this Act, including the form in which records are to be kept; or\n- (d) provide for the length of time documents required to be kept under this Act are to be kept.","sortOrder":136},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":137},{"sectionNumber":"sec.109","sectionType":"section","heading":"Supply of workers within 60 days of commencement","content":"### sec.109 Supply of workers within 60 days of commencement\n\nThis section applies if—\na person supplies, to another person, a worker to do work for the other person within 60 days after commencement; and\nbut for this section, the person would be a provider of labour hire services in relation to the supply.\nDespite section 7, the person is taken not to be a provider of labour hire services in relation to the supply until the later of the following days—\nthe day that is 60 days after the commencement; or\nif the person applies for a licence within 60 days after the commencement—the day the application is decided.\n(sec.109-ssec.1) This section applies if— a person supplies, to another person, a worker to do work for the other person within 60 days after commencement; and but for this section, the person would be a provider of labour hire services in relation to the supply.\n(sec.109-ssec.2) Despite section 7, the person is taken not to be a provider of labour hire services in relation to the supply until the later of the following days— the day that is 60 days after the commencement; or if the person applies for a licence within 60 days after the commencement—the day the application is decided.\n- (a) a person supplies, to another person, a worker to do work for the other person within 60 days after commencement; and\n- (b) but for this section, the person would be a provider of labour hire services in relation to the supply.\n- (a) the day that is 60 days after the commencement; or\n- (b) if the person applies for a licence within 60 days after the commencement—the day the application is decided.","sortOrder":138},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 exp 16 April 2020 (see s 110(4))","sortOrder":139}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act closely tracks its stated purposes of protecting workers from exploitation and promoting integrity in the labour hire industry. The licensing scheme, reporting obligations, fit and proper person requirements, and anti-avoidance provisions all directly serve those stated goals. The broad definition of 'provider' and the liability imposed on host businesses could be seen as expansive, but these are logical mechanisms to achieve the primary objectives rather than scope drift."},"complexity_factors":["Multi-layered regulatory scheme involving three distinct parties: providers, host businesses (users), and workers","Extensive 'fit and proper person' test with multiple discretionary criteria that interact with other legislation (Corporations Act, Work Health and Safety Act, Workers' Compensation and Rehabilitation Act)","Complex exemption carve-outs requiring cross-reference to other Acts (Private Employment Agents Act 2005, Building and Construction Industry Payments Act 2004, Further Education and Training Act 2014)","Detailed and extensive six-monthly reporting obligations with numerous sub-requirements covering worker data, accommodation, safety incidents, and compliance history","Sophisticated anti-avoidance provisions with objective and subjective knowledge tests","Corporate-specific rules around related bodies corporate, executive officers, shareholders, and beneficial interests that require understanding of Corporations Act concepts","Delegated legislative authority (significant reliance on regulations to fill in key details like fees, prescribed changes, and reporting specifics)","Layered licensing lifecycle rules covering applications, renewal, restoration, suspension, cancellation, and surrender with different procedural requirements for each","Criminal history provisions with restrictions on use and mandatory destruction obligations","Extraterritorial application adds jurisdictional complexity"],"plain_english_summary":"The Labour Hire Licensing Act 2017 creates a mandatory licensing regime for businesses that supply workers to other businesses, requiring providers to be approved, regularly report and meet fitness, financial and compliance checks. Hosts must only engage licensed providers or face heavy penalties.  \n\nIt targets exploitation in sectors using temporary, migrant or seasonal labour by increasing transparency, accountability and enforcement across the supply chain."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4(1) states the Act binds all persons including the State, yet s4(2) exempts the State from prosecution. If a private labour hire provider violates s10 they face 1034 penalty units or 3 years imprisonment, but if a State entity does the same thing there is no prosecutorial remedy. The 'binding' of the State is functionally hollow for the core prohibited conduct provisions.","confidence":0.82,"description":"The Act purports to bind the State but simultaneously immunises it from prosecution. This creates a toothless obligation: the State is 'bound' by the Act's requirements but faces zero enforceable consequence for breaching them, rendering the binding of the State largely meaningless."},{"type":"self_contradicting","section":"sec.7(ssec.3)(a) and sec.7(ssec.1)","severity":"medium","reasoning":"The positive definition in s7(1) expressly uses an on-hiring employment agency as a paradigm example of a labour hire provider. Section 7(3)(a) then carves out private employment agents entirely. Depending on the scope of 'private employment agent' under the 2005 Act, the exclusion may render the example in s7(1) inapplicable in practice, creating an internal inconsistency between the illustrative intent and the operative exclusion.","confidence":0.72,"description":"A private employment agent under the Private Employment Agents Act 2005 is excluded from being a 'provider' of labour hire services, yet the illustrative example in s7(1) of 'an employment agency who on-hires temporary administration staff to a business' is precisely what a private employment agent does. The exclusion effectively swallows a core example of the definition."},{"type":"impossible_compliance","section":"sec.8(ssec.1)(b)","severity":"low","reasoning":"Section 7(2) deliberately broadens the definition to cover situations with no contract between worker and provider, yet s8(1)(b) requires a positive legal obligation to pay. Without a contract or employment relationship, there may be no legal basis for a payment obligation, creating a logical gap where someone could be a 'provider' under s7 but have no 'workers' under s8.","confidence":0.65,"description":"The definition of 'worker' requires that 'the provider is obliged to pay the worker, in whole or part, for the work', yet s7(2)(a) provides that a person is a provider regardless of 'whether or not the worker is an employee of the provider'. If there is no employment or contractual relationship, the basis for the provider's payment obligation is undefined, making the payment obligation condition potentially impossible to satisfy for purely informal supply arrangements."},{"type":"impossible_compliance","section":"sec.10(ssec.1) and sec.14(ssec.1)","severity":"medium","reasoning":"The Act creates an absolute prohibition on operating without a licence and an absolute bar on re-applying for 2 years after cancellation, with no savings provision for existing labour hire arrangements or workers mid-supply. A cancelled licensee with ongoing supply contracts faces an impossible choice between criminal liability under the Act and civil liability under existing contracts.","confidence":0.78,"description":"A person whose licence is cancelled must cease providing labour hire services immediately (s10) but cannot re-apply for a licence for 2 years (s14(1)). If the person has existing contractual obligations to supply workers during that 2-year gap, compliance with s10 requires breaching private contracts, while breaching s10 exposes them to 3 years imprisonment. There is no transitional or wind-down provision."},{"type":"retroactive_impossibility","section":"sec.19(ssec.2)(b) and sec.19(ssec.3)","severity":"medium","reasoning":"The retroactive deeming provision in s19(3) treats the licence as continuously in force for the purposes of licence status, but s10 creates a criminal offence for operating without a licence. The deeming provision likely cannot retrospectively erase criminal liability already incurred during the gap, creating an absurdity where a person is simultaneously deemed to have been licensed and potentially guilty of an offence during the same period.","confidence":0.75,"description":"Section 19(3) deems a licence to be in force from the time it expired if a restoration application is made, yet s19(2)(b) requires the application to be made within 28 days of expiry. During those up-to-28 days before the application is lodged, the person is technically unlicensed and prohibited from providing services under s10. The retroactive validation in s19(3) cannot cure the s10 offence already committed during the gap period."},{"type":"other","section":"sec.31(ssec.3)","severity":"low","reasoning":"If a licence is granted for, say, 3 months, the 6-month reporting period extends beyond licence expiry. The Act does not address whether a former licensee must still file a report. The obligation in s31(1) applies to 'a licensee' and the penalty is 200 penalty units, yet the person would no longer be a licensee when the report falls due.","confidence":0.68,"description":"The definition of 'reporting period' is self-referential in a way that makes the first reporting period for a new licensee potentially misaligned with their licence term. The first reporting period starts on the day the licence is granted and runs for 6 months, but a licence is only granted for 'up to 1 year' (s17(1)). If a licence is granted for less than 6 months, the first reporting period will outlast the licence, requiring a report for a period during which the person is no longer a licensee."},{"type":"other","section":"sec.43(ssec.4) and sec.101","severity":"medium","reasoning":"Compelling production of incriminating information with only a parenthetical cross-reference to a protective provision creates a drafting absurdity where the penalty provision (40 penalty units for non-compliance) and the compulsion sit in the main operative subsection, while the constitutional safeguard is buried in a 'see however' reference. A person reading s43(4) in isolation would conclude they have no self-incrimination right.","confidence":0.6,"description":"Section 43(4) states it is not a reasonable excuse to refuse compliance on self-incrimination grounds, but then directs the reader to 'see, however, section 101'. This creates a circular tension: s43(4) compels disclosure that might incriminate, while the cross-reference to s101 (not reproduced but presumably providing a use-immunity or derivative use immunity) is essential to the constitutional validity of s43(4). Without knowing s101's content, the provision as drafted appears to compel self-incrimination with only a footnote gesture toward a remedy."},{"type":"self_contradicting","section":"sec.45(ssec.2) and sec.45(ssec.3)","severity":"medium","reasoning":"The chief executive obtains criminal history under s44 to assess fit and proper status, s45(2) confines use to s44(1) decisions, but s45(3)(b) bars use of charge information precisely for the fit and proper assessment that is the primary s44(1) purpose. This is internally contradictory: charge information is obtained for fitness assessment but cannot be used for fitness assessment.","confidence":0.8,"description":"Section 45(2) states criminal history information 'may be used only for making a decision mentioned in section 44(1)'. Section 44(1) decisions include deciding whether a licensee is a fit and proper person. Section 45(3) then prohibits the chief executive from relying on charge information for deciding whether a person is a fit and proper person. The prohibition in s45(3)(b) directly conflicts with the permission in s45(2) read with s44(1)(a), creating a situation where the information is obtainable and usable but simultaneously not usable for the primary purpose for which it was obtained."},{"type":"other","section":"sec.36(ssec.1) and sec.37(ssec.1)","severity":"low","reasoning":"The mechanism does not address what a licensee must do if the absence turns out to be longer than anticipated after the 30-day substitute appointment is made. The sections assume perfect foresight about absence duration. A licensee who makes a 30-day appointment in good faith and then finds the absence extends must simultaneously comply with s37 without having breached s36.","confidence":0.62,"description":"Section 36 allows a licensee to appoint a substitute nominated officer for 'not more than 30 days' without chief executive approval. Section 37 requires action if the absence will be 'more than 30 days'. This creates a gap: what happens on exactly day 30? The 30-day limit in s36 and the 'more than 30 days' trigger in s37 are not contiguous — an absence of exactly 30 days falls within s36's cap but never triggers s37's obligation, while an absence of 31 days triggers s37 but the initial 30-day appointment under s36 was already made without approval."}],"contradictions":[{"severity":"high","section_a":"sec.7(ssec.1) (example: employment agency on-hiring staff)","section_b":"sec.7(ssec.3)(a) (private employment agent exclusion)","confidence":0.75,"description":"The Act expressly uses an employment agency that on-hires temporary staff as an example of a labour hire provider, but then excludes private employment agents under the Private Employment Agents Act 2005 from being providers. To the extent that on-hire employment agencies are registered as private employment agents under that Act, the example and the exclusion directly conflict."},{"severity":"high","section_a":"sec.10(ssec.1) (prohibition on unlicensed provision)","section_b":"sec.19(ssec.3) (restored licence deemed in force from expiry)","confidence":0.78,"description":"Section 10(1) creates a criminal offence for providing labour hire services without a licence. Section 19(3) deems a licence to have been in force retroactively from the date of expiry upon a restoration application. These provisions conflict because s10 crystallises criminal liability at the moment of unlicensed operation, yet s19(3) retrospectively re-licences that same period, creating an irreconcilable tension between completed criminal liability and retroactive licensing status."},{"severity":"medium","section_a":"sec.4(ssec.1) (Act binds the State)","section_b":"sec.4(ssec.2) (State not liable to prosecution)","confidence":0.85,"description":"The Act simultaneously binds the State and immunises it from prosecution. Since the primary enforcement mechanism for the prohibited conduct provisions (ss10-12) is criminal prosecution, the State's binding is effectively unenforceable for core offences, contradicting the stated purpose of universal application."},{"severity":"medium","section_a":"sec.14(ssec.1) (2-year bar on re-application after cancellation for individuals)","section_b":"sec.14(ssec.2) (corporation with cancelled licence can apply immediately via genuine sale exception)","confidence":0.72,"description":"An individual whose licence is cancelled faces a mandatory 2-year re-application bar with no exceptions. A corporation in the same position can immediately apply if it undergoes a 'genuine sale' satisfying s14(5). This creates a discriminatory contradiction: an individual operator has no equivalent pathway to early re-application regardless of changed circumstances, while corporate operators can restructure their way around the bar."},{"severity":"low","section_a":"sec.22(ssec.1)(a) (suspension for failure to comply with s31)","section_b":"sec.45(ssec.3)(a) (criminal history charge information cannot be used to suspend)","confidence":0.55,"description":"Section 22 allows the chief executive to suspend a licence based on a failure to comply with s31 reporting obligations. Section 45(3)(a) prevents the chief executive from relying on criminal history charge information to suspend a licence. However, if the chief executive obtains criminal history charge information and that information reveals the licensee has charges related to non-compliance with reporting obligations, s45(3)(a) bars its use for suspension even where s22(1)(a) would otherwise authorise suspension. The provisions create conflicting signals about the permissible evidence base for suspension."},{"severity":"medium","section_a":"sec.17(ssec.1) (licence term up to 1 year)","section_b":"sec.31(ssec.3) (reporting period of 6 months)","confidence":0.7,"description":"A licence granted for a term of less than 6 months will expire before the first reporting period ends. The reporting obligation in s31(1) applies to 'a licensee', yet by the time the report is due (28 days after the 6-month period ends), the person may no longer hold a licence. The Act provides no mechanism to compel a former licensee to file a report, yet also provides no exemption, creating a contradiction between the licence term and the reporting cycle."},{"severity":"low","section_a":"sec.28 (condition requiring compliance with all relevant laws)","section_b":"sec.29(ssec.4) (chief executive cannot impose conditions inconsistent with the Act)","confidence":0.5,"description":"Section 28 makes compliance with 'all relevant laws' a mandatory licence condition by operation of statute. Section 29(4) prohibits the chief executive from imposing conditions inconsistent with the Act. If a relevant law (defined elsewhere in the Act) requires conduct that conflicts with another provision of this Act, the s28 condition requiring compliance with all relevant laws could itself be inconsistent with the Act, yet s28 is itself part of the Act. This creates a potential circularity where compliance with s28 might violate s29(4)."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The version provided maintains the Act’s core scope: a Queensland licensing and regulation regime for labour hire providers designed to prevent worker exploitation and promote industry integrity (sec.3). Amendments noted in the text (for example amendments cited at s.24 and additions such as s.69, s.84A, s.107A and related notes) appear to adjust procedural or evidential and administrative points (inspectors’ powers and processes for electronic warrants, evidential protections, service of documents) rather than expand the Act’s substantive reach. In short, the instrument’s principal purpose and subject-matter remain the same; recent changes refine enforcement and administrative mechanics rather than materially broaden the classes of persons regulated or the primary offences."},"complexity_factors":["Approximately 110 sections across 11 Parts and multiple Divisions (detailed licensing, enforcement, reporting and review procedures).","Numerous cross-references to external laws: Work Health and Safety Act 2011, Workers’ Compensation and Rehabilitation Act 2003, Corporations Act, Migration Act (multiple sections refer to compliance and records).","Detailed administrative procedure and timelines (application, renewal, restoration, show‑cause periods, review periods — e.g. 14-day show-cause, 21-day review, 28-day restoration window).","Extensive inspector powers with conditional pathways (consent, public place, warrant, workplace-entry without consent) and layered warrant/electronic-application procedures (sec.55–66, sec.61–64).","Robust reporting requirements (six‑monthly, data-rich reports covering numbers, arrangements, industries, locations, accommodation, incidents, claims) and delegated prescription by regulation (sec.31–32).","Multiple high-value penalties including imprisonment for unlicensed supply and very large penalty units for corporations (sec.10–12) as well as lower penalty units across regulatory breaches.","Wide discretionary powers for the chief executive (fit-and-proper determinations, imposing conditions, information-waiver policy, delegation) with limited statutory constraints (sec.15, sec.27, sec.29, sec.102, sec.106).","Procedural safeguards and exceptions (confidentiality, evidential immunity, limits on use of charges in decisions) that add conditional logic (sec.45, sec.46, sec.101, sec.104).","Multiple enforcement remedies (suspension, cancellation, seizure, forfeiture, disposal orders, prosecution) creating parallel administrative and criminal tracks (sec.22–26, sec.72–84).","Substantial regulation‑making power (fees, exemptions, record-keeping specifics) meaning many operational details are set outside the Act itself (sec.7(3)(c), sec.32, sec.108)."],"plain_english_summary":"**What this law does (plain English)\n\n- Establishes a licensing scheme for businesses that supply workers to other businesses (labour hire providers). (See: sec.3; sec.7.)\n- Makes it an offence to supply labour hire services, or to advertise that you provide them, unless you hold a licence. (See: sec.10.)\n- Prohibits clients from using unlicensed providers or entering arrangements designed to avoid the Act (\"avoidance arrangements\"). (See: sec.11, sec.12, sec.90.)\n\nWho it affects\n\n- Labour hire businesses and anyone who supplies workers as part of carrying on a business (\"providers\"). (See: sec.7.)\n- Workers supplied by those businesses (defined as individuals supplied by a provider and paid by the provider). (See: sec.8.)\n- Clients who engage labour hire services (they have a duty to check licences and to report suspected avoidance arrangements). (See: sec.11, sec.90.)\n- Nominated officers (individuals who must be named in licence applications and be contactable). (See: sec.13, sec.33–36.)\n- The chief executive and appointed inspectors who administer, monitor and enforce the scheme. (See: pt.3, pt.6.)\n\nHow it works, mechanically\n\n- Definitions and scope: The Act defines who is a \"provider\" and who is a \"worker\" and lists some narrow exceptions (eg. private employment agents, some contractor arrangements, or classes prescribed by regulation). The regulation-making power can add or limit those exceptions. (See: sec.6, sec.7(3)–(4).)\n\n- Licence application and grant: Businesses must apply (approved form), provide information (including nominated officers, financial viability and compliance history) and pay fees set by regulation. The chief executive grants a licence only if satisfied the applicants, nominated officers and corporate executive officers are \"fit and proper persons\" and the business is financially viable. (See: sec.13–16, sec.15, sec.27.)\n\n- Term, renewal and restoration: Licences run for up to 1 year (sec.17). There are renewal (sec.18) and restoration procedures (sec.19) with fees and continued operation while an application is pending (sec.18(3), sec.19(3)). (See: sec.17–21.)\n\n- Conditions, suspension and cancellation: The chief executive may impose licence conditions (eg. insurance, securities, inspections) and must give a show‑cause notice before cancelling or varying conditions. Suspension may be imposed for up to 90 days for listed reasons (failure to report, misleading info, contravening relevant law, not fit and proper, insolvency, loss of financial viability). (See: sec.29–30, sec.22–24.)\n\n- Reporting and transparency: Licensees must provide a detailed report every six months (workers supplied, arrangements, industries, locations, accommodation and services provided, compliance with WHS and workers' compensation laws, incidents and claims) and the chief executive maintains a publicly available register with licence particulars. (See: sec.31–32, sec.103.)\n\n- Inspectors and enforcement powers: Inspectors are appointed by the chief executive and have powers to obtain information, enter workplaces (with consent, as of right for open workplaces, or under warrant), search, inspect, copy and seize evidence, require production of documents and require attendance/information (see compulsory notice powers). There are criminal and civil penalties for unlicensed supply, advertising, arranging avoidance, obstructing inspectors, failing to comply with requirements, and providing false information. (See: pt.6, sec.55–76, sec.84A, sec.89, sec.10–12, sec.91.)\n\n- Protections and procedure: Applicants and licensees have review rights (internal review by chief executive and appeal rights to QCAT), show‑cause steps before cancellation/condition changes, rules on use and confidentiality of criminal-history information and a limited evidential immunity for individuals who comply with information requests (sec.44–46, sec.93–98, sec.101, sec.104). (See: sec.23–24, sec.44–46, sec.93–98, sec.101, sec.104.)\n\nWhy it matters (claimed purpose and operational trade-offs)\n\n- Claimed purpose: The Act says its main aims are to protect workers from exploitation and to promote integrity in the labour hire industry by regulating providers through licensing, reporting and enforcement. (See: sec.3.)\n\n- How the scheme seeks those aims: By making licensing mandatory and public (register), by imposing fit-and-proper and financial-viability checks, by requiring regular data-rich reporting on worker arrangements and incidents, and by giving inspectors broad investigation and remedy powers (suspension/cancellation, seizure, prosecution). (See: sec.10–11, sec.15, sec.31, sec.55–76.)\n\n- Costs and who pays: The direct costs fall on providers — application/renewal/restoration fees (regulation), administration to compile six‑monthly reports (sec.13, sec.18, sec.19, sec.31), maintaining nominated officers (sec.33–36) and compliance with any licence conditions (sec.29). Indirect costs may be passed to clients or workers through higher labour prices or changes to engagement practices.\n\n- Incentives and behaviour changes: Providers face strong incentives to obtain and keep a licence and to keep records and internal compliance controls (safety, workers' compensation and industrial law compliance are specifically reported). Clients are incentivised to check the public register before engaging a provider (sec.11) and to report suspected avoidance arrangements (sec.90). Some employers may change contracting structures to avoid or comply with the scheme; the Act targets \"avoidance arrangements\" and requires reporting where clients know (or ought reasonably to know) the supply is designed to circumvent the law (sec.12, sec.90).\n\n- Effects on competition and entry: Licensing and fit-and-proper, financial-viability checks plus reporting and inspection obligations raise the compliance burden and cost of entry. That can reduce the number of small providers or raise administrative overheads for new entrants, with potential effects on competition and prices. The Act allows narrow exemptions by regulation for persons whose supply of workers is not a dominant business purpose (sec.7(3)(c)–(4)).\n\n- Discretion and administrative risk: The chief executive has broad discretion to decide fit-and-proper status, impose or vary conditions, require information, waive information requirements in defined circumstances, and delegate functions. Those discretions concentrate decision-making in the licensing authority and create implementation risks (inconsistent decisions, appeal load, resource-dependent enforcement). (See: sec.15, sec.27, sec.29, sec.43, sec.102, sec.106.)\n\n- Enforcement balance and civil liberties: Inspectors have wide entry and seizure powers, including warrantless entry to workplaces while open for business, and powers to require documents and attendance. The Act limits the use of criminal-history charges in certain decisions (sec.45), provides confidentiality rules (sec.46, sec.104) and a limited evidential immunity where individuals comply with information requests (sec.101). These are procedural safeguards but there are trade-offs between enforcement effectiveness and intrusion into business premises and records. (See: sec.55–76, sec.101, sec.46.)\n\n- Concentrated benefits and diffuse costs: Benefits (compliance certainty, deterrence of bad actors) mostly accrue to workers, compliant firms and regulators. Costs (fees, administration, potential market consolidation) fall on all providers and could be dispersed across clients and workers via market prices. The public register and publication powers (sec.103–105) create reputational consequences for providers, intended as a transparency mechanism.\n\nNet mechanism summary (who decides, who pays, what changes)\n\n- Who decides: The chief executive decides grant, renewal, suspension, conditions and may delegate functions; inspectors exercise investigative powers. (See: sec.16, sec.20, sec.22–24, sec.29, sec.47, sec.106.)\n- Who pays: Licensed providers carry the cost of licensing, compliance, reporting and any conditions imposed. Clients may face higher costs or changes to contracting options. (See: sec.13, sec.18–19, sec.29, sec.31.)\n- What behaviour changes: Providers must formalise compliance systems, clients must check licences and may change procurement practices, and some subcontracting or on‑hire arrangements may be restructured to meet or avoid licensing requirements (sec.7, sec.11–12, sec.31)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":641},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing a labour hire licensing scheme to protect workers and promote industry integrity. The 2023 and 2024 amendments appear to be technical or procedural updates rather than scope expansion."},"complexity_factors":["Multiple nested definitions of 'provider', 'worker', and 'labour hire services' with exceptions to exceptions (sec.7-8)","Extensive cross-referencing to other Queensland Acts (Work Health and Safety, Workers' Compensation, Building and Construction Industry Payments, etc.)","Detailed procedural requirements for licensing including fit and proper person assessments, financial viability checks, and criminal history inquiries","Complex enforcement framework with multiple entry pathways (consent, warrant, workplace entry) and seizure powers","Layered review and appeal mechanisms through internal review and QCAT","Regulation-making powers throughout leaving substantial detail to subordinate legislation","Transitional provisions and amendment history (2023, 2024 amendments) creating version complexity"],"plain_english_summary":"This Queensland law creates a **licensing scheme for labour hire businesses** — companies or individuals who supply workers to other businesses.\n\n**What it does:**\n- **Makes it illegal** to provide labour hire services without a licence. Heavy penalties apply — up to 3 years jail for individuals or massive fines for corporations.\n- **Requires businesses using labour hire** to check their provider is licensed, or face similar penalties.\n- **Bans \"avoidance arrangements\"** — schemes designed to get around the licensing rules.\n\n**Who needs a licence:**\nAnyone in the business of supplying workers to do work for another person. This includes:\n- Contractors supplying fruit pickers to farmers\n- Group training organisations supplying apprentices\n- Employment agencies on-hiring temporary staff\n\n**Key exemptions:** Private employment agents under their own Act, and construction contractors using subcontractors for building work.\n\n**Getting and keeping a licence:**\n- Apply to the chief executive with detailed business and personal information\n- Licences last up to 1 year and must be renewed\n- **\"Fit and proper person\" test** — considers criminal history, compliance with work health and safety laws, financial viability, and character\n- **Nominated officers** must be available during business hours\n- **Six-monthly reporting** required on workers supplied, accommodation provided, safety incidents, and compensation claims\n\n**Enforcement:**\n- Inspectors can enter workplaces (with consent, warrant, or if work is occurring)\n- Powers to seize evidence, require documents, and compel attendance for questioning\n- Licences can be suspended or cancelled for non-compliance\n\n**Public transparency:**\n- A public register shows licensed providers, their conditions, and enforcement history\n- The chief executive can publish information about prosecutions and cancelled licences\n\n**Why it matters:**\nThe law aims to stop exploitation of vulnerable workers (particularly in agriculture, cleaning, and security industries) and ensure labour hire operators meet basic standards for safety, wages, and accommodation."}},"importantCases":[],"_links":{"self":"/api/acts/labour-hire-licensing-act-2017","history":"/api/acts/labour-hire-licensing-act-2017/history","analysis":"/api/acts/labour-hire-licensing-act-2017/analysis","conflicts":"/api/acts/labour-hire-licensing-act-2017/conflicts","importantCases":"/api/acts/labour-hire-licensing-act-2017/important-cases","documents":"/api/acts/labour-hire-licensing-act-2017/documents"}}