16Prohibition on avoidance arrangements

16 Prohibition on avoidance arrangements

(1) This section applies if—

(a) a person (the client) proposes to enter into an arrangement with another person (the supplier) for the supply of an individual to perform work, whether for the client or another person; and

(b) the supplier is not included in the Register as the holder of a licence that is in force at the time the arrangement is proposed.

(2) The client must not enter into the proposed arrangement if the client knows, or has reasonable grounds to suspect, that the proposed arrangement is for the purpose of avoiding or circumventing an obligation that would otherwise be imposed upon the client, the supplier or another person by this Act.

(3) The client must notify the Authority as soon as reasonably practicable after the client becomes aware, or reasonably suspects, that the proposed arrangement is for the purpose of avoiding or circumventing an obligation that would otherwise be imposed upon the client, the supplier or another person by this Act.

Part 3—Licensing system

Division 1—Applications

17 Person may apply for a licence

(1) A person may apply to the Authority for a licence authorising the person to provide labour hire services.

(2) The application must include the following information—

(a) the full name and address of the applicant;

(b) if the applicant is a natural person, the date of birth of the applicant;

(c) the business name, ABN and business address of each business through which the applicant will provide labour hire services;

(d) if the applicant is a body corporate, the ACN or ARBN of the applicant;

(e) if the applicant is a body corporate, the full name, address and date of birth of each officer of the body corporate and the position the officer holds;

(f) if the applicant is a natural person—

(i) the full name, address and date of birth of each person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business conducted by the natural person that provides, or is to provide, labour hire services; and

(ii) the role within that business performed by each person referred to in subparagraph (i);

S. 17(2)(fa) inserted by No. 14/2021 s. 33.

(fa) details of the estimated turnover of the business for the 4 quarters immediately preceding the date of the application for the purposes of ascertaining whether the business is a tier 1 business, tier 2 business or tier 3 business;