sec.400When fees are or are not payable to private employment agent

### sec.400 When fees are or are not payable to private employment agent A private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work (a work seeker ) other than a model or performer. Maximum penalty—16 penalty units. A private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work who is a model or performer (also a work seeker ) unless— the agent gives the work seeker a written notice stating the particulars prescribed by regulation; and the fee payable is not more than the percentage prescribed by regulation of the gross amount payable to the work seeker for the work, excluding any allowances or payments prescribed by regulation; and the amount payable to the work seeker is at least the amount payable under an applicable industrial instrument. Maximum penalty—16 penalty units. Subsection (2) does not apply if— the private employment agent is also the manager of the work seeker; and the fee is payable under a written agreement between the manager and the work seeker. In this section— industrial instrument includes a federal industrial instrument. (sec.400-ssec.1) A private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work (a work seeker ) other than a model or performer. Maximum penalty—16 penalty units. (sec.400-ssec.2) A private employment agent must not directly or indirectly demand or receive a finder’s fee from a person looking for work who is a model or performer (also a work seeker ) unless— the agent gives the work seeker a written notice stating the particulars prescribed by regulation; and the fee payable is not more than the percentage prescribed by regulation of the gross amount payable to the work seeker for the work, excluding any allowances or payments prescribed by regulation; and the amount payable to the work seeker is at least the amount payable under an applicable industrial instrument. Maximum penalty—16 penalty units. (sec.400-ssec.3) Subsection (2) does not apply if— the private employment agent is also the manager of the work seeker; and the fee is payable under a written agreement between the manager and the work seeker. (sec.400-ssec.4) In this section— industrial instrument includes a federal industrial instrument. - (a) the agent gives the work seeker a written notice stating the particulars prescribed by regulation; and - (b) the fee payable is not more than the percentage prescribed by regulation of the gross amount payable to the work seeker for the work, excluding any allowances or payments prescribed by regulation; and - (c) the amount payable to the work seeker is at least the amount payable under an applicable industrial instrument. - (a) the private employment agent is also the manager of the work seeker; and - (b) the fee is payable under a written agreement between the manager and the work seeker.