sec.43Chief executive may require licensees to give information

sec.43 Chief executive may require licensees to give information

The chief executive may, by notice given to a licensee, require the licensee to give the chief executive, within a reasonable period of at least 21 days stated in the notice, information the chief executive reasonably requires to decide whether— the licensee is, or continues to be, a fit and proper person to provide labour hire services; or the licensee’s business is financially viable. The chief executive may, in the notice, require the licensee to verify the further information by statutory declaration. The licensee must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. It is not a reasonable excuse for the licensee not to comply with the notice on the basis that complying with the notice might tend to incriminate the licensee or expose the licensee to a penalty. See, however, section 101 . The chief executive may— give information obtained under this section to an auditor under section 104 (3) (d) ; and ask the auditor to give the chief executive advice about a matter mentioned in subsection (1) (a) or (b) . The chief executive may ask an auditor to provide advice about financial information given to the chief executive by a licensee. (sec.43-ssec.1) The chief executive may, by notice given to a licensee, require the licensee to give the chief executive, within a reasonable period of at least 21 days stated in the notice, information the chief executive reasonably requires to decide whether— the licensee is, or continues to be, a fit and proper person to provide labour hire services; or the licensee’s business is financially viable. (sec.43-ssec.2) The chief executive may, in the notice, require the licensee to verify the further information by statutory declaration. (sec.43-ssec.3) The licensee must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.43-ssec.4) It is not a reasonable excuse for the licensee not to comply with the notice on the basis that complying with the notice might tend to incriminate the licensee or expose the licensee to a penalty. See, however, section 101 . (sec.43-ssec.5) The chief executive may— give information obtained under this section to an auditor under section 104 (3) (d) ; and ask the auditor to give the chief executive advice about a matter mentioned in subsection (1) (a) or (b) . The chief executive may ask an auditor to provide advice about financial information given to the chief executive by a licensee.

• (a) the licensee is, or continues to be, a fit and proper person to provide labour hire services; or
• (b) the licensee’s business is financially viable.
• (a) give information obtained under this section to an auditor under section 104 (3) (d) ; and
• (b) ask the auditor to give the chief executive advice about a matter mentioned in subsection (1) (a) or (b) .