{"id":"qld:act-2005-015","name":"Private Employment Agents Act 2005","slug":"private-employment-agents-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"15 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30358,"registerId":"qld-act-2005-015-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":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Private Employment Agents Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on the later of—\n27 April 2005; or\nThe Private Employment Agents Act 1983 expired on 26 April 2005.\nthe date of assent of this Act.\n- (a) 27 April 2005; or Editor’s note— The Private Employment Agents Act 1983 expired on 26 April 2005.\n- (b) the date of assent of this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in the schedule defines particular terms used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of private employment agent","content":"### sec.4 Meaning of private employment agent\n\nA person is a private employment agent if the person, in the course of carrying on business and for gain—\noffers to find—\ncasual, part-time, temporary, permanent or contract work for a person; or\na casual, part-time, temporary, permanent or contract worker for a person; or\nnegotiates the terms of contract work for a model or performer; or\nadministers a contract for a model or performer and arranges payments under it; or\nprovides career advice for a model or performer.\nHowever, a person is not a private employment agent only because the person publishes—\nfor someone else, an advertisement about employment opportunities; or\nan advertisement offering employment opportunities with the person.\nAlso, a person is not a private employment agent if, for an agreed rate of payment to the person—\nthe person makes a worker of the person available to perform work, whether under a contract of service or a contract for service, for a client of the person; and\nthe worker works under the client’s direction; and\nthe person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.\n(sec.4-ssec.1) A person is a private employment agent if the person, in the course of carrying on business and for gain— offers to find— casual, part-time, temporary, permanent or contract work for a person; or a casual, part-time, temporary, permanent or contract worker for a person; or negotiates the terms of contract work for a model or performer; or administers a contract for a model or performer and arranges payments under it; or provides career advice for a model or performer.\n(sec.4-ssec.2) However, a person is not a private employment agent only because the person publishes— for someone else, an advertisement about employment opportunities; or an advertisement offering employment opportunities with the person.\n(sec.4-ssec.3) Also, a person is not a private employment agent if, for an agreed rate of payment to the person— the person makes a worker of the person available to perform work, whether under a contract of service or a contract for service, for a client of the person; and the worker works under the client’s direction; and the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.\n- (a) offers to find— (i) casual, part-time, temporary, permanent or contract work for a person; or (ii) a casual, part-time, temporary, permanent or contract worker for a person; or\n- (i) casual, part-time, temporary, permanent or contract work for a person; or\n- (ii) a casual, part-time, temporary, permanent or contract worker for a person; or\n- (b) negotiates the terms of contract work for a model or performer; or\n- (c) administers a contract for a model or performer and arranges payments under it; or\n- (d) provides career advice for a model or performer.\n- (i) casual, part-time, temporary, permanent or contract work for a person; or\n- (ii) a casual, part-time, temporary, permanent or contract worker for a person; or\n- (a) for someone else, an advertisement about employment opportunities; or\n- (b) an advertisement offering employment opportunities with the person.\n- (a) the person makes a worker of the person available to perform work, whether under a contract of service or a contract for service, for a client of the person; and\n- (b) the worker works under the client’s direction; and\n- (c) the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Code of conduct","content":"# Code of conduct","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.5 Purpose of pt 2\n\nThe purpose of this part is to provide for a code of conduct as the main way of regulating the conduct of private employment agents in their relationships with persons looking for work or for workers.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Code of conduct","content":"### sec.6 Code of conduct\n\nA regulation may include a code of conduct for private employment agents (the code of conduct ).\nThe code of conduct may—\nset conduct standards for private employment agents; and\nestablish principles for fair trading; and\nprovide for a system of complaint resolution; and\nstate the type of work arrangements and commercial operations covered by the code; and\nset recommended standards of competence and training for private employment agents; and\nprovide for disciplining private employment agents who contravene the code; and\nstate the records that private employment agents must keep; and\nprovide for a penalty for a contravention of the code of not more than 14 penalty units.\n(sec.6-ssec.1) A regulation may include a code of conduct for private employment agents (the code of conduct ).\n(sec.6-ssec.2) The code of conduct may— set conduct standards for private employment agents; and establish principles for fair trading; and provide for a system of complaint resolution; and state the type of work arrangements and commercial operations covered by the code; and set recommended standards of competence and training for private employment agents; and provide for disciplining private employment agents who contravene the code; and state the records that private employment agents must keep; and provide for a penalty for a contravention of the code of not more than 14 penalty units.\n- (a) set conduct standards for private employment agents; and\n- (b) establish principles for fair trading; and\n- (c) provide for a system of complaint resolution; and\n- (d) state the type of work arrangements and commercial operations covered by the code; and\n- (e) set recommended standards of competence and training for private employment agents; and\n- (f) provide for disciplining private employment agents who contravene the code; and\n- (g) state the records that private employment agents must keep; and\n- (h) provide for a penalty for a contravention of the code of not more than 14 penalty units.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Employment Agents Advisory Committee","content":"# Employment Agents Advisory Committee","sortOrder":8},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of committee","content":"### sec.7 Establishment of committee\n\nThe Employment Agents Advisory Committee is established.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of committee","content":"### sec.8 Functions of committee\n\nThe committee has the functions given to it under this Act.\nThe committee’s functions include—\nadvising the chief executive on matters relating to the content and operation of the code of conduct; and\nif asked by the chief executive—advising the chief executive in relation to any matter arising under this Act or the Industrial Relations Act 2016 , chapter 10 .\nIn performing its functions, the committee—\nmay consult with anyone the committee considers appropriate; and\nmay ask the chief executive to give the committee any information, including copies of departmental records, about a matter; and\nmay do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\ns 8 amd 2016 No. 63 s 1157 sch 6\n(sec.8-ssec.1) The committee has the functions given to it under this Act.\n(sec.8-ssec.2) The committee’s functions include— advising the chief executive on matters relating to the content and operation of the code of conduct; and if asked by the chief executive—advising the chief executive in relation to any matter arising under this Act or the Industrial Relations Act 2016 , chapter 10 .\n(sec.8-ssec.3) In performing its functions, the committee— may consult with anyone the committee considers appropriate; and may ask the chief executive to give the committee any information, including copies of departmental records, about a matter; and may do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n- (a) advising the chief executive on matters relating to the content and operation of the code of conduct; and\n- (b) if asked by the chief executive—advising the chief executive in relation to any matter arising under this Act or the Industrial Relations Act 2016 , chapter 10 .\n- (a) may consult with anyone the committee considers appropriate; and\n- (b) may ask the chief executive to give the committee any information, including copies of departmental records, about a matter; and\n- (c) may do all things necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":11},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Membership of committee","content":"## Membership of committee","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Membership of committee","content":"### sec.9 Membership of committee\n\nThe committee consists of 6 members.\nThe members are—\n1 person representing private employment agents whose business includes seeking work for models or performers; and\n1 person representing private employment agents whose business includes seeking work for workers other than models or performers; and\n1 person representing employee organisations representing models or performers; and\n1 person representing employee organisations representing workers other than models or performers; and\n1 person independent of industry or employee organisations (the independent person ); and\n1 person who is an officer of the department appointed by the chief executive.\nThe members mentioned in subsection (2) (a) to (e) are to be appointed by the Minister.\nA member mentioned in subsection (2) (a) , (b) , (c) or (d) may be a representative of an organisation representing private employment agents or employee organisations mentioned in the relevant paragraph.\n(sec.9-ssec.1) The committee consists of 6 members.\n(sec.9-ssec.2) The members are— 1 person representing private employment agents whose business includes seeking work for models or performers; and 1 person representing private employment agents whose business includes seeking work for workers other than models or performers; and 1 person representing employee organisations representing models or performers; and 1 person representing employee organisations representing workers other than models or performers; and 1 person independent of industry or employee organisations (the independent person ); and 1 person who is an officer of the department appointed by the chief executive.\n(sec.9-ssec.3) The members mentioned in subsection (2) (a) to (e) are to be appointed by the Minister.\n(sec.9-ssec.4) A member mentioned in subsection (2) (a) , (b) , (c) or (d) may be a representative of an organisation representing private employment agents or employee organisations mentioned in the relevant paragraph.\n- (a) 1 person representing private employment agents whose business includes seeking work for models or performers; and\n- (b) 1 person representing private employment agents whose business includes seeking work for workers other than models or performers; and\n- (c) 1 person representing employee organisations representing models or performers; and\n- (d) 1 person representing employee organisations representing workers other than models or performers; and\n- (e) 1 person independent of industry or employee organisations (the independent person ); and\n- (f) 1 person who is an officer of the department appointed by the chief executive.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Chairperson","content":"### sec.10 Chairperson\n\nThe independent person is the chairperson of the committee.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Term of office","content":"### sec.11 Term of office\n\nA member is appointed for a term of not more than 3 years stated in the instrument of appointment and may be reappointed for a further term or terms of not more than 3 years.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Vacation of office","content":"### sec.12 Vacation of office\n\nThe office of a member appointed by the Minister under section 9 (3) becomes vacant if—\nthe member ceases to be a person who may become a member; or\nthe member is absent from 3 consecutive meetings of the committee, without the committee’s leave and without reasonable excuse; or\nthe member resigns from office by signed notice of resignation given to the Minister.\n- (a) the member ceases to be a person who may become a member; or\n- (b) the member is absent from 3 consecutive meetings of the committee, without the committee’s leave and without reasonable excuse; or\n- (c) the member resigns from office by signed notice of resignation given to the Minister.","sortOrder":16},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Meetings of committee","content":"## Meetings of committee","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Presiding at meetings","content":"### sec.13 Presiding at meetings\n\nThe chairperson is to preside at committee meetings.\nHowever, if the chairperson is absent from a meeting, the members present must choose a member who is present to preside.\n(sec.13-ssec.1) The chairperson is to preside at committee meetings.\n(sec.13-ssec.2) However, if the chairperson is absent from a meeting, the members present must choose a member who is present to preside.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Quorum","content":"### sec.14 Quorum\n\nA quorum exists at a committee meeting if 4 or more members are present.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Conduct of meetings","content":"### sec.15 Conduct of meetings\n\nThe committee is to meet regularly to perform its functions.\nThe meetings are to be—\ncalled by the chairperson; and\nheld when the chairperson decides.\nThe committee may otherwise conduct its business, including its meetings, in the way it considers appropriate.\n(sec.15-ssec.1) The committee is to meet regularly to perform its functions.\n(sec.15-ssec.2) The meetings are to be— called by the chairperson; and held when the chairperson decides.\n(sec.15-ssec.3) The committee may otherwise conduct its business, including its meetings, in the way it considers appropriate.\n- (a) called by the chairperson; and\n- (b) held when the chairperson decides.","sortOrder":20},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Other provisions about committee","content":"## Other provisions about committee","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Conflict of interest","content":"### sec.16 Conflict of interest\n\nA member must not take part in a discussion about, or vote on, an issue in which the member has a direct or indirect interest.\nA member is taken to have an interest in an issue if, because of the issue, a benefit will, or is likely to, be gained by—\nthe member; or\nan associate of the member.\nHowever, the member does not have an interest in an issue only because the member belongs to—\nan industrial organisation of employees representing a person involved in the issue, unless the member was involved personally in representing the person; or\nan association of private employment agents involved in the issue, unless the member was involved personally in the issue.\nIn this section—\nassociate , of a member, means any of the following—\na member of the member’s immediate family;\na person who—\nis in a business arrangement or relationship with the member; or\nis employed by, or employs, the member.\nimmediate family includes—\nthe employee’s spouse; and\na child, stepchild, adopted child, foster (or former foster) child, parent, grandparent, grandchild or sibling of the member or member’s spouse.\n(sec.16-ssec.1) A member must not take part in a discussion about, or vote on, an issue in which the member has a direct or indirect interest.\n(sec.16-ssec.2) A member is taken to have an interest in an issue if, because of the issue, a benefit will, or is likely to, be gained by— the member; or an associate of the member.\n(sec.16-ssec.3) However, the member does not have an interest in an issue only because the member belongs to— an industrial organisation of employees representing a person involved in the issue, unless the member was involved personally in representing the person; or an association of private employment agents involved in the issue, unless the member was involved personally in the issue.\n(sec.16-ssec.4) In this section— associate , of a member, means any of the following— a member of the member’s immediate family; a person who— is in a business arrangement or relationship with the member; or is employed by, or employs, the member. immediate family includes— the employee’s spouse; and a child, stepchild, adopted child, foster (or former foster) child, parent, grandparent, grandchild or sibling of the member or member’s spouse.\n- (a) the member; or\n- (b) an associate of the member.\n- (a) an industrial organisation of employees representing a person involved in the issue, unless the member was involved personally in representing the person; or\n- (b) an association of private employment agents involved in the issue, unless the member was involved personally in the issue.\n- (a) a member of the member’s immediate family;\n- (b) a person who— (i) is in a business arrangement or relationship with the member; or (ii) is employed by, or employs, the member.\n- (i) is in a business arrangement or relationship with the member; or\n- (ii) is employed by, or employs, the member.\n- (i) is in a business arrangement or relationship with the member; or\n- (ii) is employed by, or employs, the member.\n- (a) the employee’s spouse; and\n- (b) a child, stepchild, adopted child, foster (or former foster) child, parent, grandparent, grandchild or sibling of the member or member’s spouse.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Entitlements of committee members","content":"### sec.17 Entitlements of committee members\n\nA member, other than the member mentioned in section 9 (2) (f) , is entitled to be paid the fees, allowances and expenses decided by the Minister.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Chief executive to help committee","content":"### sec.18 Chief executive to help committee\n\nThe chief executive is to give the committee reasonable help to perform its functions.","sortOrder":24},{"sectionNumber":"pt.4","sectionType":"part","heading":"Inspectors","content":"# Inspectors","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.19 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as an inspector—\nan officer of the department;\na person prescribed under a regulation.\nHowever, the chief executive may appoint a person as an inspector only if—\nthe chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or\nthe person has satisfactorily finished training approved by the chief executive.\n(sec.19-ssec.1) The chief executive may appoint any of the following persons as an inspector— an officer of the department; a person prescribed under a regulation.\n(sec.19-ssec.2) However, the chief executive may appoint a person as an inspector only if— the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or the person has satisfactorily finished training approved by the chief executive.\n- (a) an officer of the department;\n- (b) a person prescribed under a regulation.\n- (a) the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or\n- (b) the person has satisfactorily finished training approved by the chief executive.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.20 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 under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.20-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.20-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act.\n(sec.20-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":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Issue of identity card","content":"### sec.21 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\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 issue of a single identity card to a person for this Act and for other purposes.\nIf the inspector is also an inspector under the Industrial Relations Act 2016 , the chief executive under that Act, and the chief executive under this Act, could together issue a combined identity card covering the purposes of both Acts.\ns 21 amd 2016 No. 63 s 1157 sch 6\n(sec.21-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.21-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.21-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes. If the inspector is also an inspector under the Industrial Relations Act 2016 , the chief executive under that Act, and the chief executive under this Act, could together issue a combined identity card covering the purposes of both Acts.\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":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Production or display of identity card","content":"### sec.22 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, 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, as authorised under this Act, enters—\na public place when it is open to the public; or\na place for the purpose of asking the occupier of the place for consent to enter.\n(sec.22-ssec.1) In exercising a power under this Act in relation to a person, 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.22-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.22-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector, as authorised under this Act, enters— a public place when it is open to the public; or a place for the purpose of asking the occupier of the place for consent to enter.\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.\n- (a) a public place when it is open to the public; or\n- (b) a place for the purpose of asking the occupier of the place for consent to enter.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.23 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation takes effect.\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\n(sec.23-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation takes effect.\n(sec.23-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.23-ssec.3) In this section— condition of office means a condition on 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 inspector ceases to hold office;\n- (c) the inspector’s resignation takes effect.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Resignation","content":"### sec.24 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Return of identity card","content":"### sec.25 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector, unless the person has a reasonable excuse.\nMaximum penalty—14 penalty units.","sortOrder":32},{"sectionNumber":"pt.5","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Power to enter place","content":"### sec.26 Power to enter place\n\nAn inspector may, without an occupier’s consent, enter a place if—\nit is a public place and the entry is made when it is open to the public; or\nit is a workplace and the entry is made when—\nthe workplace is open for carrying on business; or\nthe workplace is otherwise open for entry.\nIf the workplace is in, on or near domestic premises, an inspector may, without the occupier’s consent—\nenter the land around the premises to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public are ordinarily allowed to enter when they wish to contact the occupier.\nPower to enter a place under this section does not include power to enter a place, or any part of a place, that is used for residential purposes without the consent of the occupier.\nIn this section—\ndomestic premises means premises usually occupied as a private dwelling house.\nworkplace means a place in or on which the inspector reasonably believes the business of a private employment agent is, has been, or is about to be carried out.\n(sec.26-ssec.1) An inspector may, without an occupier’s consent, enter a place if— it is a public place and the entry is made when it is open to the public; or it is a workplace and the entry is made when— the workplace is open for carrying on business; or the workplace is otherwise open for entry.\n(sec.26-ssec.2) If the workplace is in, on or near domestic premises, an inspector may, without the occupier’s consent— enter the land around the premises to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public are ordinarily allowed to enter when they wish to contact the occupier.\n(sec.26-ssec.3) Power to enter a place under this section does not include power to enter a place, or any part of a place, that is used for residential purposes without the consent of the occupier.\n(sec.26-ssec.4) In this section— domestic premises means premises usually occupied as a private dwelling house. workplace means a place in or on which the inspector reasonably believes the business of a private employment agent is, has been, or is about to be carried out.\n- (a) it is a public place and the entry is made when it is open to the public; or\n- (b) it is a workplace and the entry is made when— (i) the workplace is open for carrying on business; or (ii) the workplace is otherwise open for entry.\n- (i) the workplace is open for carrying on business; or\n- (ii) the workplace is otherwise open for entry.\n- (i) the workplace is open for carrying on business; or\n- (ii) the workplace is otherwise open for entry.\n- (a) enter the land around the premises 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 are ordinarily allowed to enter when they wish to contact the occupier.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"General powers after entering workplaces","content":"### sec.27 General powers after entering workplaces\n\nThis section applies to an inspector who enters a workplace under section 26 .\nFor monitoring or enforcing compliance with this Act, the inspector may—\ninspect, photograph or film any part of the workplace or anything at the workplace; or\ncopy a document at the workplace; or\ntake into or onto the workplace the persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\nrequire a person at the workplace to give the inspector reasonable help to exercise the powers under paragraphs (a) to (c) .\nWhen making a requirement under subsection (2) (d) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nA person required to give reasonable help under subsection (2) (d) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —14 penalty units.\n(sec.27-ssec.1) This section applies to an inspector who enters a workplace under section 26 .\n(sec.27-ssec.2) For monitoring or enforcing compliance with this Act, the inspector may— inspect, photograph or film any part of the workplace or anything at the workplace; or copy a document at the workplace; or take into or onto the workplace the persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or require a person at the workplace to give the inspector reasonable help to exercise the powers under paragraphs (a) to (c) .\n(sec.27-ssec.3) When making a requirement under subsection (2) (d) , the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.27-ssec.4) A person required to give reasonable help under subsection (2) (d) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —14 penalty units.\n- (a) inspect, photograph or film any part of the workplace or anything at the workplace; or\n- (b) copy a document at the workplace; or\n- (c) take into or onto the workplace the persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or\n- (d) require a person at the workplace to give the inspector reasonable help to exercise the powers under paragraphs (a) to (c) .","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Power to require documents to be produced","content":"### sec.28 Power to require documents to be produced\n\nAn inspector may require a person the inspector reasonably believes is a private employment agent to produce for inspection, at a reasonable time and place nominated by the inspector, a stated document relating to the business of the private employment agent.\nThe person must produce the document, unless the person has a reasonable excuse.\nMaximum penalty—14 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.\nThe inspector may keep the document to copy it.\nIf the inspector copies a document produced by a person to the inspector, the inspector may require the person to certify the copy as a true copy of the document.\nThe person must certify the copy, unless the person has a reasonable excuse.\nMaximum penalty—14 penalty units.\nThe inspector must return the document to the person as soon as practicable after copying it.\n(sec.28-ssec.1) An inspector may require a person the inspector reasonably believes is a private employment agent to produce for inspection, at a reasonable time and place nominated by the inspector, a stated document relating to the business of the private employment agent.\n(sec.28-ssec.2) The person must produce the document, unless the person has a reasonable excuse. Maximum penalty—14 penalty units.\n(sec.28-ssec.3) It is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.\n(sec.28-ssec.4) The inspector may keep the document to copy it.\n(sec.28-ssec.5) If the inspector copies a document produced by a person to the inspector, the inspector may require the person to certify the copy as a true copy of the document.\n(sec.28-ssec.6) The person must certify the copy, unless the person has a reasonable excuse. Maximum penalty—14 penalty units.\n(sec.28-ssec.7) The inspector must return the document to the person as soon as practicable after copying it.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Power to require information","content":"### sec.29 Power to require information\n\nAn inspector may, during business hours—\nquestion in relation to matters under this Act—\na private employment agent; or\na person found in or on a place in or on which the inspector reasonably suspects the business of a private employment agent is being, or is about to be, carried on; and\nrequire the agent or person to give the inspector information to help the inspector ascertain whether this Act is being, has been or will be complied with.\nWhen making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—14 penalty units.\nIt is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.\nThe power to question a person includes power to question the person out of anyone else’s hearing.\n(sec.29-ssec.1) An inspector may, during business hours— question in relation to matters under this Act— a private employment agent; or a person found in or on a place in or on which the inspector reasonably suspects the business of a private employment agent is being, or is about to be, carried on; and require the agent or person to give the inspector information to help the inspector ascertain whether this Act is being, has been or will be complied with.\n(sec.29-ssec.2) When making the requirement, the inspector must warn the person it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\n(sec.29-ssec.3) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—14 penalty units.\n(sec.29-ssec.4) It is a reasonable excuse for an individual to fail to comply with the requirement if doing so might tend to incriminate the individual.\n(sec.29-ssec.5) The power to question a person includes power to question the person out of anyone else’s hearing.\n- (a) question in relation to matters under this Act— (i) a private employment agent; or (ii) a person found in or on a place in or on which the inspector reasonably suspects the business of a private employment agent is being, or is about to be, carried on; and\n- (i) a private employment agent; or\n- (ii) a person found in or on a place in or on which the inspector reasonably suspects the business of a private employment agent is being, or is about to be, carried on; and\n- (b) require the agent or person to give the inspector information to help the inspector ascertain whether this Act is being, has been or will be complied with.\n- (i) a private employment agent; or\n- (ii) a person found in or on a place in or on which the inspector reasonably suspects the business of a private employment agent is being, or is about to be, carried on; and","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Power to seize evidence","content":"### sec.30 Power to seize evidence\n\nAn inspector may seize a thing at a workplace the inspector enters under this part 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 or used to continue or repeat the offence.\nAlso, an inspector may seize a thing at a workplace the inspector enters under this part if the inspector reasonably believes the thing has just been used in committing an offence against this Act.\n(sec.30-ssec.1) An inspector may seize a thing at a workplace the inspector enters under this part 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 or used to continue or repeat the offence.\n(sec.30-ssec.2) Also, an inspector may seize a thing at a workplace the inspector enters under this part if the inspector reasonably believes the thing has just been used in committing an offence against this Act.\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 or used to continue or repeat the offence.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Powers supporting seizure","content":"### sec.31 Powers supporting seizure\n\nHaving seized a thing, an inspector may—\nmove the thing from the workplace where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nIf an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval.\nMaximum penalty for subsection (2) —14 penalty units.\n(sec.31-ssec.1) Having seized a thing, an inspector may— move the thing from the workplace where it was seized (the place of seizure ); or leave the thing at the place of seizure but take reasonable action to restrict access to it.\n(sec.31-ssec.2) If an inspector restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspector’s approval. Maximum penalty for subsection (2) —14 penalty units.\n- (a) move the thing from the workplace where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Receipt for seized thing","content":"### sec.32 Receipt for seized thing\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\nThe receipt must describe generally the thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section, given the thing’s nature, condition and value.\n(sec.32-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sec.32-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\n(sec.32-ssec.3) The receipt must describe generally the thing seized and its condition.\n(sec.32-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section, given the thing’s nature, condition and value.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Forfeiture of seized thing","content":"### sec.33 Forfeiture of seized thing\n\nA seized thing is forfeited to the State if the inspector who seized the thing—\ncan not find its owner after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\nSubsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner.\nSubsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision and the reasons for the decision by written notice.\nSubsection (4) does not apply if—\nthe inspector can not find its owner, after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the notice.\nIn deciding whether, and if so what, inquiries or efforts are reasonable, or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value.\n(sec.33-ssec.1) A seized thing is forfeited to the State if the inspector who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n(sec.33-ssec.2) Subsection (1) (a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner.\n(sec.33-ssec.3) Subsection (1) (b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.33-ssec.4) If the inspector decides to forfeit a thing under subsection (1) (c) , the inspector must tell the owner of the decision and the reasons for the decision by written notice.\n(sec.33-ssec.5) Subsection (4) does not apply if— the inspector can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice.\n(sec.33-ssec.6) In deciding whether, and if so what, inquiries or efforts are reasonable, or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value.\n- (a) can not find its owner after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n- (a) the inspector can not find its owner, after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the notice.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Return of seized thing","content":"### sec.34 Return of seized thing\n\nIf a seized thing has not been forfeited, the inspector must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\nHowever, unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n(sec.34-ssec.1) If a seized thing has not been forfeited, the inspector must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\n(sec.34-ssec.2) However, unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Access to seized thing","content":"### sec.35 Access to seized thing\n\nUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if 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.\n(sec.35-ssec.1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.35-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":43},{"sectionNumber":"pt.6","sectionType":"part","heading":"Injunctions","content":"# Injunctions","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Purpose of pt 6","content":"### sec.36 Purpose of pt 6\n\nThe purpose of this part is to provide a way of ensuring private employment agents may be restrained from engaging in conduct that may bring the private employment agents industry into disrepute or from acting as a private employment agent.\nFor the purposes of this part, the conduct or proposed conduct of a private employment agent includes conduct engaged in, or proposed to be engaged in, for the private employment agent by an executive officer or employee of the private employment agent.\n(sec.36-ssec.1) The purpose of this part is to provide a way of ensuring private employment agents may be restrained from engaging in conduct that may bring the private employment agents industry into disrepute or from acting as a private employment agent.\n(sec.36-ssec.2) For the purposes of this part, the conduct or proposed conduct of a private employment agent includes conduct engaged in, or proposed to be engaged in, for the private employment agent by an executive officer or employee of the private employment agent.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Injunctions","content":"### sec.37 Injunctions\n\nAn injunction under this part may be granted by the District Court against a private employment agent at any time restraining the private employment agent from either or both of the following—\nengaging in stated conduct;\nacting as a private employment agent.\n- (a) engaging in stated conduct;\n- (b) acting as a private employment agent.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Who may apply for injunction","content":"### sec.38 Who may apply for injunction\n\nThe following persons may apply to the court for an injunction—\nthe chief executive;\nan organisation, or an officer or member of an organisation, as defined under the Industrial Relations Act 2016 , schedule 5 ;\na person who has a sufficient interest in the matter to which the application relates;\na State peak council as defined under the Industrial Relations Act 2016 .\ns 38 amd 2016 No. 63 s 1157 sch 6\n- (a) the chief executive;\n- (b) an organisation, or an officer or member of an organisation, as defined under the Industrial Relations Act 2016 , schedule 5 ;\n- (c) a person who has a sufficient interest in the matter to which the application relates;\n- (d) a State peak council as defined under the Industrial Relations Act 2016 .","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Grounds for injunction","content":"### sec.39 Grounds for injunction\n\nThe court may grant an injunction if the court is satisfied that a private employment agent—\nhas engaged, or is proposing to engage, in conduct that constitutes or would constitute—\na contravention of a declared provision; or\nattempting to contravene a declared provision; or\naiding, abetting, counselling or procuring a person to contravene a declared provision; or\ninducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or\nconspiring with others to contravene a declared provision; or\nhas been convicted of a contravention of a declared provision or convicted of a serious offence or has, as an executive officer, a person who has been convicted of a contravention of a declared provision or has been convicted of a serious offence; or\nhas knowingly employed, or continued to employ, a person who has been convicted of—\na contravention of a declared provision; or\na serious offence;\nin relation to an activity performed for the private employment agency that it is inappropriate for the person to perform, having regard to the nature of the contravention or serious offence; or\nhas not paid a person an amount the private employment agent is required to pay under an order made under the Industrial Relations Act 2016 , section 401 , 402 , 404 or 405 or a corresponding law to the section.\nHowever, the court may grant the injunction only if the court is satisfied that having regard to the nature of the conduct complained of and, if the conduct complained of is a contravention of a declared provision or is a serious offence, the circumstances of the contravention or offence—\nthe conduct complained of should be restrained; or\nthe person is not an appropriate person to act as a private employment agent.\nIn this section—\nconvicted , of a contravention of a declared provision or of a serious offence, means being found guilty of a contravention of a declared provision or of a serious offence, on a plea of guilty or otherwise, whether or not—\na conviction was recorded; or\nthe finding of guilt was before or after the commencement of this section; or\nfor a finding that an employee or executive officer was guilty of a contravention of a declared provision or of a serious offence—the finding was before the employee or executive officer became an employee or executive officer.\ncorresponding law , to this Act or a provision of the Industrial Relations Act 2016 mentioned in this Act, means a law of another State that provides generally for the same matter as this Act or the provision.\ndeclared provision means—\na provision of this Act or a corresponding law to this Act; or\na provision of the code of conduct declared by regulation to be a provision to which this part applies; or\nthe Industrial Relations Act 2016 , section 400 (1) or (2) or a corresponding law to the Industrial Relations Act 2016 , section 400 (1) or (2) .\noffence of a sexual nature means an offence defined in the Criminal Code, section 210 , 213 , 215 , 216 , 217 , 218 , 218A , 218B , 219 , 221 , 227 , 228 , 229B , 323A , 323B or 363A or chapter 32 .\nserious offence means—\noffences involving the following for which the maximum penalty is at least 3 years imprisonment—\nstealing, fraud, receiving or other dishonesty;\nunlawful trafficking of drugs;\nunlawful use or threatened use of violence;\nextortion;\narson;\nunlawful stalking, intimidation, harassment or abuse; or\nan offence of a sexual nature; or\nan offence of attempting or conspiring to commit an offence mentioned in paragraph (a) or (b) ; or\nan offence committed in another State that, if committed in Queensland, would be an offence mentioned in paragraph (a) , (b) or (c) .\ns 39 amd 2008 No. 55 s 150 sch ; 2013 No. 14 s 54 sch ; 2016 No. 50 s 40 sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2023 No. 1 s 97 s ch 1 pt 2\n(sec.39-ssec.1) The court may grant an injunction if the court is satisfied that a private employment agent— has engaged, or is proposing to engage, in conduct that constitutes or would constitute— a contravention of a declared provision; or attempting to contravene a declared provision; or aiding, abetting, counselling or procuring a person to contravene a declared provision; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or conspiring with others to contravene a declared provision; or has been convicted of a contravention of a declared provision or convicted of a serious offence or has, as an executive officer, a person who has been convicted of a contravention of a declared provision or has been convicted of a serious offence; or has knowingly employed, or continued to employ, a person who has been convicted of— a contravention of a declared provision; or a serious offence; in relation to an activity performed for the private employment agency that it is inappropriate for the person to perform, having regard to the nature of the contravention or serious offence; or has not paid a person an amount the private employment agent is required to pay under an order made under the Industrial Relations Act 2016 , section 401 , 402 , 404 or 405 or a corresponding law to the section.\n(sec.39-ssec.2) However, the court may grant the injunction only if the court is satisfied that having regard to the nature of the conduct complained of and, if the conduct complained of is a contravention of a declared provision or is a serious offence, the circumstances of the contravention or offence— the conduct complained of should be restrained; or the person is not an appropriate person to act as a private employment agent.\n(sec.39-ssec.3) In this section— convicted , of a contravention of a declared provision or of a serious offence, means being found guilty of a contravention of a declared provision or of a serious offence, on a plea of guilty or otherwise, whether or not— a conviction was recorded; or the finding of guilt was before or after the commencement of this section; or for a finding that an employee or executive officer was guilty of a contravention of a declared provision or of a serious offence—the finding was before the employee or executive officer became an employee or executive officer. corresponding law , to this Act or a provision of the Industrial Relations Act 2016 mentioned in this Act, means a law of another State that provides generally for the same matter as this Act or the provision. declared provision means— a provision of this Act or a corresponding law to this Act; or a provision of the code of conduct declared by regulation to be a provision to which this part applies; or the Industrial Relations Act 2016 , section 400 (1) or (2) or a corresponding law to the Industrial Relations Act 2016 , section 400 (1) or (2) . offence of a sexual nature means an offence defined in the Criminal Code, section 210 , 213 , 215 , 216 , 217 , 218 , 218A , 218B , 219 , 221 , 227 , 228 , 229B , 323A , 323B or 363A or chapter 32 . serious offence means— offences involving the following for which the maximum penalty is at least 3 years imprisonment— stealing, fraud, receiving or other dishonesty; unlawful trafficking of drugs; unlawful use or threatened use of violence; extortion; arson; unlawful stalking, intimidation, harassment or abuse; or an offence of a sexual nature; or an offence of attempting or conspiring to commit an offence mentioned in paragraph (a) or (b) ; or an offence committed in another State that, if committed in Queensland, would be an offence mentioned in paragraph (a) , (b) or (c) .\n- (a) has engaged, or is proposing to engage, in conduct that constitutes or would constitute— (i) a contravention of a declared provision; or (ii) attempting to contravene a declared provision; or (iii) aiding, abetting, counselling or procuring a person to contravene a declared provision; or (iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or (vi) conspiring with others to contravene a declared provision; or\n- (i) a contravention of a declared provision; or\n- (ii) attempting to contravene a declared provision; or\n- (iii) aiding, abetting, counselling or procuring a person to contravene a declared provision; or\n- (iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or\n- (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or\n- (vi) conspiring with others to contravene a declared provision; or\n- (b) has been convicted of a contravention of a declared provision or convicted of a serious offence or has, as an executive officer, a person who has been convicted of a contravention of a declared provision or has been convicted of a serious offence; or\n- (c) has knowingly employed, or continued to employ, a person who has been convicted of— (i) a contravention of a declared provision; or (ii) a serious offence; in relation to an activity performed for the private employment agency that it is inappropriate for the person to perform, having regard to the nature of the contravention or serious offence; or\n- (i) a contravention of a declared provision; or\n- (ii) a serious offence;\n- (d) has not paid a person an amount the private employment agent is required to pay under an order made under the Industrial Relations Act 2016 , section 401 , 402 , 404 or 405 or a corresponding law to the section.\n- (i) a contravention of a declared provision; or\n- (ii) attempting to contravene a declared provision; or\n- (iii) aiding, abetting, counselling or procuring a person to contravene a declared provision; or\n- (iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or\n- (v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or\n- (vi) conspiring with others to contravene a declared provision; or\n- (i) a contravention of a declared provision; or\n- (ii) a serious offence;\n- (a) the conduct complained of should be restrained; or\n- (b) the person is not an appropriate person to act as a private employment agent.\n- (a) a conviction was recorded; or\n- (b) the finding of guilt was before or after the commencement of this section; or\n- (c) for a finding that an employee or executive officer was guilty of a contravention of a declared provision or of a serious offence—the finding was before the employee or executive officer became an employee or executive officer.\n- (a) a provision of this Act or a corresponding law to this Act; or\n- (b) a provision of the code of conduct declared by regulation to be a provision to which this part applies; or\n- (c) the Industrial Relations Act 2016 , section 400 (1) or (2) or a corresponding law to the Industrial Relations Act 2016 , section 400 (1) or (2) .\n- (a) offences involving the following for which the maximum penalty is at least 3 years imprisonment— (i) stealing, fraud, receiving or other dishonesty; (ii) unlawful trafficking of drugs; (iii) unlawful use or threatened use of violence; (iv) extortion; (v) arson; (vi) unlawful stalking, intimidation, harassment or abuse; or\n- (i) stealing, fraud, receiving or other dishonesty;\n- (ii) unlawful trafficking of drugs;\n- (iii) unlawful use or threatened use of violence;\n- (iv) extortion;\n- (v) arson;\n- (vi) unlawful stalking, intimidation, harassment or abuse; or\n- (b) an offence of a sexual nature; or\n- (c) an offence of attempting or conspiring to commit an offence mentioned in paragraph (a) or (b) ; or\n- (d) an offence committed in another State that, if committed in Queensland, would be an offence mentioned in paragraph (a) , (b) or (c) .\n- (i) stealing, fraud, receiving or other dishonesty;\n- (ii) unlawful trafficking of drugs;\n- (iii) unlawful use or threatened use of violence;\n- (iv) extortion;\n- (v) arson;\n- (vi) unlawful stalking, intimidation, harassment or abuse; or","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Court’s powers for injunctions","content":"### sec.40 Court’s powers for injunctions\n\nThe power of the court to grant an injunction restraining a person from engaging in conduct (however described) may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the person has previously engaged in conduct of that kind.\nAn interim injunction may be granted under this part until the application is finally decided.\nThe court may rescind or vary an injunction at any time.\n(sec.40-ssec.1) The power of the court to grant an injunction restraining a person from engaging in conduct (however described) may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the person has previously engaged in conduct of that kind.\n(sec.40-ssec.2) An interim injunction may be granted under this part until the application is finally decided.\n(sec.40-ssec.3) The court may rescind or vary an injunction at any time.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the person has previously engaged in conduct of that kind.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Terms of injunction","content":"### sec.41 Terms of injunction\n\nThe court may grant an injunction in the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from engaging in stated conduct or acting as a private employment agent—\nfor a stated period; or\nexcept on stated terms and conditions.\nSubsection (2) applies whether or not engaging in stated conduct or acting as a private employment agent is part of, or incidental to, the carrying on of another business.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s contravention of this Act.\n(sec.41-ssec.1) The court may grant an injunction in the terms the court considers appropriate.\n(sec.41-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from engaging in stated conduct or acting as a private employment agent— for a stated period; or except on stated terms and conditions.\n(sec.41-ssec.3) Subsection (2) applies whether or not engaging in stated conduct or acting as a private employment agent is part of, or incidental to, the carrying on of another business.\n(sec.41-ssec.4) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s contravention of this Act.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Undertakings as to costs","content":"### sec.42 Undertakings as to costs\n\nIf the chief executive applies for an injunction under this part, no undertaking as to damages or costs may be required or made.","sortOrder":51},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Criminal history checks","content":"### sec.43 Criminal history checks\n\nThis section applies only to the extent necessary to enable the chief executive to decide whether to apply for an injunction against a private employment agent under part 6 .\nThe chief executive may ask the commissioner of the police service for a written report about—\nthe private employment agent’s criminal history; or\nthe criminal history of—\nan executive officer of a corporation that is a private employment agent; or\nan employee of a private employment agent.\nSubject to subsection (4) , the commissioner of the police service must give the report to the chief executive.\nThe duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nIf, after making the decision mentioned in subsection (1) , the person’s criminal history report is no longer required to be kept for the purposes of part 6 , the chief executive must destroy the report.\nIn this section—\ncriminal history , of a person, includes a finding of guilty of an offence, on a plea of guilty or otherwise, whether or not a conviction was recorded.\n(sec.43-ssec.1) This section applies only to the extent necessary to enable the chief executive to decide whether to apply for an injunction against a private employment agent under part 6 .\n(sec.43-ssec.2) The chief executive may ask the commissioner of the police service for a written report about— the private employment agent’s criminal history; or the criminal history of— an executive officer of a corporation that is a private employment agent; or an employee of a private employment agent.\n(sec.43-ssec.3) Subject to subsection (4) , the commissioner of the police service must give the report to the chief executive.\n(sec.43-ssec.4) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.43-ssec.5) If, after making the decision mentioned in subsection (1) , the person’s criminal history report is no longer required to be kept for the purposes of part 6 , the chief executive must destroy the report.\n(sec.43-ssec.6) In this section— criminal history , of a person, includes a finding of guilty of an offence, on a plea of guilty or otherwise, whether or not a conviction was recorded.\n- (a) the private employment agent’s criminal history; or\n- (b) the criminal history of— (i) an executive officer of a corporation that is a private employment agent; or (ii) an employee of a private employment agent.\n- (i) an executive officer of a corporation that is a private employment agent; or\n- (ii) an employee of a private employment agent.\n- (i) an executive officer of a corporation that is a private employment agent; or\n- (ii) an employee of a private employment agent.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.44 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.44-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.44-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.44-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.44-ssec.4) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Executive officers must ensure corporation complies with Act","content":"### sec.45 Executive officers must ensure corporation complies with Act\n\ns 45 om 2013 No. 51 s 130","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Proceedings for offences","content":"### sec.46 Proceedings for offences\n\nA prosecution for a charge of an offence against this Act must be by way of summary proceedings before an industrial magistrate.\nA prosecution for an offence against this Act must be commenced within the later of the following—\n1 year after the offence is committed;\n6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nThe Industrial Relations Act 2016 and the rules made under that Act apply, with necessary changes, in relation to a proceeding before an industrial magistrate for a charge of an offence against this Act.\ns 46 amd 2016 No. 63 s 1157 sch 6\n(sec.46-ssec.1) A prosecution for a charge of an offence against this Act must be by way of summary proceedings before an industrial magistrate.\n(sec.46-ssec.2) A prosecution for an offence against this Act must be commenced within the later of the following— 1 year after the offence is committed; 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.46-ssec.3) The Industrial Relations Act 2016 and the rules made under that Act apply, with necessary changes, in relation to a proceeding before an industrial magistrate for a charge of an offence against this Act.\n- (a) 1 year after the offence is committed;\n- (b) 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":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Appeal","content":"### sec.47 Appeal\n\nA person who is dissatisfied with the decision of an Industrial Magistrates Court in a proceeding for a charge of an offence against this Act may appeal to the Industrial Court.","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.48 Evidentiary provisions\n\nIn a proceeding 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 document appearing to be a copy of a request made, or a notice issued, by an inspector under this Act is evidence of what it states; and\nthe authority of a person to accept service of a document on behalf of another must be presumed in the absence of evidence to the contrary.\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 document appearing to be a copy of a request made, or a notice issued, by an inspector under this Act is evidence of what it states; and\n- (c) the authority of a person to accept service of a document on behalf of another must be presumed in the absence of evidence to the contrary.","sortOrder":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"Protection from liability","content":"### sec.49 Protection from liability\n\nAn indemnified person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the person, the liability attaches itself to the State.\nIn this section—\nindemnified person means any of the following—\nthe Minister;\na member of the committee;\nthe chief executive;\nan inspector.\n(sec.49-ssec.1) An indemnified person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.49-ssec.2) If subsection (1) prevents a civil liability attaching to the person, the liability attaches itself to the State.\n(sec.49-ssec.3) In this section— indemnified person means any of the following— the Minister; a member of the committee; the chief executive; an inspector.\n- (a) the Minister;\n- (b) a member of the committee;\n- (c) the chief executive;\n- (d) an inspector.","sortOrder":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Regulation-making power","content":"### sec.50 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty for a contravention of the regulation of not more than 14 penalty units.\n(sec.50-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.50-ssec.2) A regulation may impose a penalty for a contravention of the regulation of not more than 14 penalty units.","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Declaration about use of information obtained under expired Act","content":"### sec.51 Declaration about use of information obtained under expired Act\n\nIt is declared that information obtained under the expired Act about the activities or conduct of a person who held a licence as a private employment agent under that Act may be used in a proceeding against the person under part 6 of this Act.\nIn this section—\nexpired Act means the Private Employment Agents Act 1983 as in force from time to time before its expiry.\n(sec.51-ssec.1) It is declared that information obtained under the expired Act about the activities or conduct of a person who held a licence as a private employment agent under that Act may be used in a proceeding against the person under part 6 of this Act.\n(sec.51-ssec.2) In this section— expired Act means the Private Employment Agents Act 1983 as in force from time to time before its expiry.","sortOrder":61},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Transitional provision for the Criminal Code and Other Acts Amendment Act 2008","content":"### sec.52 Transitional provision for the Criminal Code and Other Acts Amendment Act 2008\n\nSection 39 (3) , definition offence of a sexual nature applies as if the reference to the Criminal Code, section 208 included a reference to the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 52 ins 2008 No. 55 s 150 sch","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Transitional provision for Health and Other Legislation Amendment Act 2016","content":"### sec.53 Transitional provision for Health and Other Legislation Amendment Act 2016\n\nThe definition offence of a sexual nature in section 39 (3) applies as if it included a reference to—\nthe Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and\nthe Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 53 prev s 53 ins 2009 No. 13 s 213 sch 5\nom 2013 No. 39 s 109 sch 2\npres s 53 ins 2016 No. 50 s 40 sch 1\n(sec.53-ssec) The definition offence of a sexual nature in section 39 (3) applies as if it included a reference to— the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\n- (a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and\n- (b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .","sortOrder":64}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act is presented as a regulatory framework focused on a code of conduct (s.5–6), but over time its enforcement and remedial reach has been broadened. Key scope expansions include (a) strong civil injunctive powers allowing courts to restrain agents from acting at all and to impose remedial actions (ss.36–41); (b) express grounds tied to convictions and serious offences, and to employing convicted persons in inappropriate roles (s.39); and (c) an express power for the chief executive to obtain police criminal‑history reports to inform injunction applications (s.43). The Act also preserves use of material gathered under the earlier 1983 Act (s.51). Many substantive rules remain delegated to regulation, so the practical scope of regulation can expand materially when the code and regulations are made. These additions go beyond a simple standards‑and‑complaints scheme by equipping the executive and courts with substantive stoppage and evidence‑gathering powers."},"complexity_factors":["Framework form with much delegated detail: substantive conduct rules and many penalties left to regulation/code (ss.6, 50)","Multiple enforcement regimes: administrative inspection powers (ss.19–35), civil injunctions (pts.6, ss.36–41) and summary criminal proceedings (ss.46–47)","Extensive cross‑references to other legislation, especially the Industrial Relations Act 2016 (various sections) and the Criminal Code (s.39(3))","Detailed conditional logic and exceptions (e.g. who is an agent at s.4 and the advertising and labour‑hire exceptions; entry powers limited for residential parts at s.26)","Numerous evidentiary and procedural provisions (seizure, receipts, forfeiture, return, access) with timing conditions (ss.30–35)","A non‑trivial advisory/appointments structure: 6‑member committee, appointment rules, conflict‑of‑interest rules and quorum requirements (ss.7–18)","Several statutory qualifications and defences: reasonable excuse, privilege against self‑incrimination, and necessity/reasonableness tests in seizure and forfeiture (e.g. ss.28, 30, 33)","Transitional and historical provisions (ss.51–53) referencing the expired 1983 Act and successive amendments, which add interpretive detail","Use of an external metric (penalty units) rather than fixed fines in multiple places (e.g. s.6, s.25, ss.27–29, s.50), requiring reference to penalty unit value","Complex injunctive grounds in s.39 including convictions, being ‘knowingly concerned’ and use of staff with convictions, with judicial discretion on appropriateness"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes who counts as a private employment agent (people or businesses that, for profit, find work for people or find workers for employers, negotiate or administer contracts for models/performers, or provide career advice to models/performers) and lists narrow exceptions for simple advertisers and certain labour‑hire arrangements (see s.4).\n\n- Makes the detailed day‑to‑day rules about agent behaviour a matter for regulation: a code of conduct may be made by regulation that can set standards, complaint procedures, record‑keeping, training recommendations and small penalties (up to 14 penalty units) (see s.6).\n\n- Creates an Employment Agents Advisory Committee to advise the chief executive about the code and related matters, and sets who sits on the committee, how long for, quorum and conflict‑of‑interest rules (see ss.7–18).\n\n- Authorises the chief executive to appoint inspectors (departmental officers or persons prescribed by regulation) with identity cards and specified powers to help enforce the Act, subject to appointment conditions and limits (see ss.19–25).\n\n- Gives inspectors enforcement powers at workplaces: enter public places and workplaces (but not residential parts without consent), inspect/photograph/copy documents, require reasonable help or answers (with warning that non‑compliance is an offence), seize evidence and restrict access to seized items, and deal with forfeiture and return of seized items (see ss.26–35).\n\n- Provides a civil injunctive route (District Court) to restrain an agent from particular conduct or from acting as an agent. A range of parties may apply for injunctions (including the chief executive and certain organisations) and the court may act where there are contraventions of \"declared provisions\", serious offending, convictions, use of convicted staff in inappropriate roles, or unpaid orders under the Industrial Relations Act (ss.36–42). The court has broad discretion over interim and permanent terms (ss.37, 40–41).\n\n- Permits the chief executive to request police criminal‑history reports to decide whether to seek an injunction, and requires destruction of such reports when no longer needed (see s.43).\n\n- Sets procedural and evidentiary measures: prosecutions are summary matters before an industrial magistrate with specific time limits; evidentiary presumptions about inspectors; protections from civil liability for officials acting honestly and without negligence; and a regulation‑making head of power (ss.46–50). The Act also allows use of information gathered under the earlier, expired 1983 Act in Part 6 injunction proceedings (s.51).\n\nWho this affects (who pays, who decides, and what changes)\n\n- Private employment agents: face inspection and enforcement risk, potential penalties under a future code of conduct, record‑keeping and training expectations if the code is made, and the practical risk of injunctions that can stop them acting as agents (ss.4, 6, 26–31, 37–41). They also bear the immediate compliance cost of producing documents and helping inspectors (ss.27–29).\n\n- Workers, models/performers and employers who use agents: gain a formal regulatory framework and a complaints route; their interactions with agents may be subject to record‑keeping and standards set by regulation (s.5–6).\n\n- The chief executive and the Department: decide on inspectors, may seek injunctions, and receive criminal‑history reports to inform injunction decisions (ss.19, 37–39, 43). They also resource enforcement (inspectors, prosecutions) — an administrative cost.\n\n- The courts: District Court (injunctions) and industrial magistrates/Industrial Court (summary prosecutions and appeals) exercise enforcement and remedial powers (ss.37, 46–47).\n\nWhy it matters (claimed purpose and practical trade‑offs)\n\n- Claimed purpose: to regulate private employment agents primarily by a code of conduct and to provide enforcement tools (s.5). The statute delegates the substantive regulatory detail to regulation (s.6), reserving criminal‑law‑style enforcement tools (inspectors, seizure, injunctions) and court remedies.\n\n- Trade‑offs and incentives to note:\n  - Delegation risk: the Act is a framework that gives the executive (Governor in Council via regulation) the power to set the substantive standards and penalties (s.6, s.50). That means most of the day‑to‑day compliance obligations and penalties will depend on regulations yet to be (or already) made.\n  - Compliance costs fall on private employment agents: record‑keeping, potential training standards, responding to inspections and document demands, and the risk of injunctions or fines (s.6; ss.27–29; ss.37–41). These costs are concentrated on agents while benefits (worker protection, market information) are dispersed.\n  - Enforcement resource requirement: the Department must fund inspectors, maintain evidence processes (seizure, receipts, retention) and run prosecutions or seek injunctions (ss.19–35; ss.46–47). Implementation quality depends on those resources.\n  - Legal uncertainty and business risk: broad injunctive powers (including pre‑emptive restraint) and the possibility of interim injunctions may create reputational and business risk for agents even before prosecution (ss.37, 40–41).\n  - Privacy and procedural safeguards: the chief executive may obtain police criminal‑history reports for injunction decisions (s.43); the Act requires destruction of reports once they are no longer needed, but access to and storage of such reports creates information‑management obligations and privacy risk.\n  - Limits on enforcement reach: inspectors cannot enter residential parts of premises without consent (s.26), and individuals have a privilege against self‑incrimination when asked to produce documents or answer questions (ss.28–29).\n\nConcrete implementation risks and administrative discretion\n\n- Much depends on the content of regulations and the code of conduct (s.6). If the code is detailed and prescriptive it will materially change agents’ operations; if not, the Act remains largely procedural.\n- The chief executive has discretion over appointing inspectors, asking for criminal history, and whether to apply for injunctions. These decision points concentrate power in the executive and affect how intensively the scheme is enforced (ss.19, 37, 43).\n\nKey statutory citations: definition and exceptions of \"private employment agent\" (s.4); delegation to regulation for the code (s.6); inspectors and powers (ss.19–31); seizure and forfeiture (ss.30–35); injunctions and grounds (ss.36–41); criminal‑history checks (s.43); prosecutions and time limits (s.46); regulation power (s.50)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a regulatory framework for private employment agents. The 2005 Act replaced the 1983 licensing regime with a code-of-conduct based system. While there have been amendments (notably updates to cross-references when the Industrial Relations Act 1999 was replaced by the 2016 Act, and updates to sexual offence references), these are maintenance amendments rather than scope expansion. The core framework establishing the advisory committee, inspectorate, and injunction powers remains as originally enacted."},"complexity_factors":["Moderate length with 53 sections across 8 Parts","Multiple defined terms including 'private employment agent', 'serious offence', 'declared provision', 'associate', 'immediate family', and 'workplace'","Nested exceptions in the definition section (s.4) with three layers: primary definition, exclusion for advertisers, and exclusion for labour hire arrangements","Extensive cross-referencing to the Industrial Relations Act 2016 (at least 5 references) and Criminal Code","Complex conditional logic in injunction grounds (s.39) with multiple alternative pathways for granting injunctions and layered definitions of 'serious offence' and 'offence of a sexual nature'","Transitional provisions preserving historical references to repealed Criminal Code sections (ss.52-53)","Delegated legislative power allowing regulations to create the substantive code of conduct (framework legislation approach)"],"plain_english_summary":"**What this law does:**\n\nThis is a Queensland law that regulates **private employment agents** — businesses that help people find work or help employers find workers. It replaced an earlier 1983 law that expired in 2005.\n\n**Who it affects:**\n- **Employment agencies** (including those specialising in models and performers)\n- **Job seekers** who use these agencies\n- **Employers** who hire through these agencies\n- **Labour hire companies** (explicitly excluded from the definition in certain circumstances)\n\n**Key parts of the law:**\n\n**1. Who counts as a \"private employment agent\" (Section 4):**\n- Anyone in business who, for profit: finds work for people, finds workers for employers, negotiates contracts for models/performers, administers those contracts, or gives career advice to models/performers\n- **Not included:** Simple job advertisers, and labour hire companies that supply their own workers to clients under specific conditions (where the worker follows the client's direction and the labour hire company handles pay and obligations)\n\n**2. Code of Conduct (Part 2):**\n- Allows regulations to create a mandatory code setting standards for how agents must behave\n- Can cover fair trading principles, complaint handling, record-keeping, training standards, and penalties up to 14 penalty units for breaches\n\n**3. Advisory Committee (Part 3):**\n- Establishes a 6-member committee with representatives from: model/performers agencies, other employment agencies, unions for models/performers, unions for other workers, an independent chairperson, and a government officer\n- Advises the chief executive on the code of conduct and related matters\n\n**4. Inspectors and enforcement (Parts 4-5):**\n- Government inspectors can enter workplaces (but not homes without consent), inspect documents, seize evidence, and require information\n- Offences for failing to cooperate (up to 14 penalty units)\n- Protections against self-incrimination for individuals\n\n**5. Court injunctions (Part 6):**\n- The District Court can ban agents from operating or engaging in specific conduct if they breach the Act, have criminal convictions (including serious offences like fraud, violence, or sexual offences), or employ people with such convictions\n- Various parties can apply: chief executive, unions, affected individuals\n\n**6. Other provisions:**\n- Criminal history checks allowed for injunction applications\n- Companies can be held liable for actions of their employees or agents\n- Proceedings heard by industrial magistrates\n- Protection from personal liability for officials acting honestly\n\n**Why it matters:**\nThis law provides a framework to protect workers (particularly vulnerable ones like models and performers) from exploitative practices by employment agents, while distinguishing legitimate labour hire arrangements from employment agency activities. It balances industry self-regulation through the code of conduct with government oversight and serious consequences for bad actors."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1983 Act used a licensing regime requiring employment agents to hold government-issued licences. This 2005 replacement Act deliberately moved away from licensing entirely, instead relying on conduct codes, inspectors, and court-ordered injunctions to regulate the industry. This represents a significant shift in regulatory philosophy — from pre-approval gatekeeping to post-conduct enforcement. The inclusion of detailed provisions covering models and performers (career advice, contract administration) also appears to expand coverage beyond a straightforward job-placement focus."},"complexity_factors":["Multiple interlocking parts (conduct code, advisory committee, inspectors, enforcement, injunctions) each with their own rules","Definition of 'private employment agent' contains nuanced carve-outs (labour hire exclusion, advertising exclusion) requiring careful analysis","Injunction grounds in section 39 are highly detailed, covering direct contraventions, aiding/abetting, conspiracy, past convictions, and employee criminal histories","Extensive cross-references to external legislation, particularly the Industrial Relations Act 2016 (multiple sections) and the Criminal Code","Definition of 'serious offence' is multi-layered with sub-categories and interstate equivalents","Transitional provisions relating to repealed Criminal Code sections require understanding of prior law","The code of conduct itself is not in the Act — it is delegated to regulations, meaning the full regulatory picture requires reading subordinate legislation separately","Corporate liability provisions (section 44) involve nuanced concepts of vicarious liability and 'state of mind'"],"plain_english_summary":"This Queensland law regulates private employment agencies (including those handling models and performers) by setting enforceable conduct standards through regulations, backed by an advisory committee and government inspectors who can investigate and seize evidence.  \n\nInstead of upfront licensing, it enables courts to ban or restrain agents for rule breaches, serious criminality, or unpaid court-ordered wages — affecting agencies, jobseekers, employers, and performers by shifting to conduct-based enforcement."}},"importantCases":[],"_links":{"self":"/api/acts/private-employment-agents-act-2005","history":"/api/acts/private-employment-agents-act-2005/history","analysis":"/api/acts/private-employment-agents-act-2005/analysis","conflicts":"/api/acts/private-employment-agents-act-2005/conflicts","importantCases":"/api/acts/private-employment-agents-act-2005/important-cases","documents":"/api/acts/private-employment-agents-act-2005/documents"}}