sec.398Meaning of private employment agent

### sec.398 Meaning of private employment agent 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. However, a person is not a private employment agent only because the person publishes— for another person, an advertisement about employment opportunities; or an advertisement offering employment opportunities with the person. 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 employment or contract for services, 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. s 398 amd 2022 No. 27 s 3 sch 1 (sec.398-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. (sec.398-ssec.2) However, a person is not a private employment agent only because the person publishes— for another person, an advertisement about employment opportunities; or an advertisement offering employment opportunities with the person. (sec.398-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 employment or contract for services, 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. - (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 - (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 - (b) negotiates the terms of contract work for a model or performer; or - (c) administers a contract for a model or performer and arranges payments under it; or - (d) provides career advice for a model or performer. - (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 - (a) for another person, an advertisement about employment opportunities; or - (b) an advertisement offering employment opportunities with the person. - (a) the person makes a worker of the person available to perform work, whether under a contract of employment or contract for services, for a client of the person; and - (b) the worker works under the client’s direction; and - (c) the person is responsible for performing the obligations owed by a person to the worker, including paying the worker for the work.