18Persons who cannot make a valid application

18 Persons who cannot make a valid application

(1) A person must not make an application under section 17 for a licence or under section 28 for renewal of a licence if—

(a) within the preceding 2 years, a licence (however described) held by the person under a labour hire industry law was cancelled other than—

(i) on the initiative of the person; or

(ii) in the prescribed circumstances; or

(b) the person—

(i) had previously made an application (the prior application) for a licence (however described) under a labour hire industry law; and

(ii) the prior application was refused, or a decision to refuse the prior application was upheld on review or appeal, other than in the prescribed circumstances, during the period of 3 months immediately preceding the proposed application under this Act.

(2) Without limiting the circumstances that may be prescribed for the purposes of subsection (1)(a)(ii) or (1)(b)(ii), the circumstances may relate to whether there has been a transfer of business or change of ownership of a business.