ABN has the same meaning as it has in the Corporations Act;
ACN has the same meaning as it has in the Corporations Act;
Acting Commissioner means an acting Labour Hire Licensing Commissioner appointed under section 59;
S. 3 def. of approved form inserted by No. 57/2025 s. 3(1).
approved form means a form approved under section 51(1)(ja);
ARBN has the same meaning as it has in the Corporations Act;
Authority means the Labour Hire Licensing Authority established by section 50;
civil penalty provision means a provision specified in the table in section 94(2) to be a civil penalty provision;
Code of Practice means a Code of Practice made in accordance with Division 5 of Part 7;
Commissioner means the Labour Hire Licensing Commissioner appointed under section 55;
contractor includes, but is not limited to—
(a) an outworker within the meaning of the Outworkers (Improved Protection) Act 2003 or the Fair Work Act 2009 of the Commonwealth; and
(b) an owner driver within the meaning of the Owner Drivers and Forestry Contractors Act 2005;
embargo notice means a notice issued by an inspector under section 79;
S. 3 def. of financially viable inserted by No. 57/2025 s. 3(1).
financially viable, in relation to a person, means that the person has the means to pay the person's debts as and when they become due and payable;
fit and proper person has the meaning given by section 22;
host means a person to whom a provider provides labour hire services;
inspector means a person appointed under section 64;
interested person means a person or organisation who has an interest in the protection of workers or the integrity of the labour hire industry;
labour hire industry law means the following—
(a) this Act;
(b) a provision of an Act or law of Victoria, the Commonwealth, another State or a Territory imposing an obligation on a person in relation to labour hire (however described)—
and includes regulations or instruments made under such an Act or provision;
licence means a licence granted under section 24;
minimum accommodation standards means standards of accommodation required by or under any of the following, to the extent that those standards relate to accommodation for workers—
(a) the Public Health and Wellbeing Act 2008;
(b) the Residential Tenancies Act 1997;
(c) the Rooming House Operators Act 2016;
(d) the Planning and Environment Act 1987;
(e) the Occupational Health and Safety Act 2004;
(f) a prescribed provision of a law of Victoria, the Commonwealth, another State or a Territory;
and includes standards of accommodation required by or under regulations or instruments made under an Act or provision referred to in any of the above paragraphs;
nominated officer for a licence has the meaning given by section 17(3);
officer, in relation to a body corporate means any person (by whatever name called) who—
(a) is a director or secretary of the body corporate; or
(b) makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the body corporate;
police officer has the same meaning as in the Victoria Police Act 2013;
provider means a person who provides labour hire services;
provides labour hire services has the meaning given by section 7(1) and section 8(1) and (2);
S. 3 def. of quarter inserted by No. 14/2021 s. 32.
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year;
Register means the Register of Licensed Labour Hire Providers maintained under section 48;
regulator means a person or body responsible for undertaking activities of a regulatory nature (however described) under a labour hire industry law, a workplace law, or any other law of a regulatory character, whether of Victoria, the Commonwealth, another State or a Territory;
relevant person*,* in relation to an application for or in respect of a licence, or in relation to a licence that is in force, as the case requires, means the following persons—
(a) the applicant, or the holder of the licence, as the case requires;
(b) if the applicant, or the holder of the licence, is a body corporate, each officer of the body corporate;
(c) if the applicant, or the holder of the licence, is a natural person, 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;
(d) each proposed nominated officer, or nominated officer, for the licence.
S. 3 def. of tier 1 business inserted by No. 14/2021 s. 31.
tier 1 business, in relation to an application for a licence or a renewal of a licence or the holder of a licence, means—
(a) a business that, for the 4 quarters immediately preceding the day by which information in respect of the turnover of the business is required to be given to the Authority under Part 3 in relation to the application or an annual licence fee, had a turnover of no more than $2 000 000 or any other amount prescribed by the regulations; or
(b) a business that did not operate in the 4 quarters immediately preceding the day on which the application for a licence is made but the business is projected to have a turnover in the first 4 quarters of operation of no more than $2 000 000 or any other amount prescribed by the regulations;
S. 3 def. of tier 2 business inserted by No. 14/2021 s. 31.
tier 2 business, in relation to an application for a licence or a renewal of a licence or the holder of a licence, means—
(a) a business that for the 4 quarters immediately preceding the day by which information in respect of the turnover of the business is required to be given to the Authority under Part 3 in relation to the application or an annual licence fee had a turnover of between $2 000 001 and $10 000 000 or any other range prescribed by the regulations; or
(b) a business that did not operate in the 4 quarters immediately preceding the day on which the application for a licence is made but the business is projected to have a turnover in the first 4 quarters of operation of between $2 000 001 and $10 000 000 or any other range prescribed by the regulations;
S. 3 def. of tier 3 business inserted by No. 14/2021 s. 31.
tier 3 business, in relation to an application for a licence or renewal of a licence or the holder of a licence, means—
(a) a business that for the 4 quarters immediately preceding the day by which information in respect of the turnover of the business is required to be given to the Authority under Part 3 in relation to the application or an annual licence fee had a turnover of more than $10 000 000 or any other amount prescribed by the regulations; or
(b) a business that did not operate in the 4 quarters immediately preceding the day on which the application for a licence is made but the business is projected to have a turnover in the first 4 quarters of operation of more than $10 000 000 or any other amount prescribed by the regulations;
S. 3 def. of turnover inserted by No. 14/2021 s. 32.
turnover means the total ordinary income that is derived in the course of running a business;
worker, for a provider, has the meaning given by section 9;
S. 3 def. of workplace law amended by No. 57/2025 s. 3(2).
workplace law means the following—
(a) a provision of a law of Victoria, the Commonwealth, another State or a Territory that imposes an obligation on a person in relation to employees or contractors (however described), including but not limited to, the following—
(i) the Occupational Health and Safety Act 2004;
(ii) the Workplace Injury Rehabilitation and Compensation Act 2013;
(iii) the Equal Opportunity Act 2010;
(iv) the Long Service Leave Act 2018;
(v) the Child Employment Act 2003;
(vi) the Owner Drivers and Forestry Contractors Act 2005;
(vii) the Outworkers (Improved Protection) Act 2003;
(viii) the Public Holidays Act 1993;
(ix) the Construction Industry Long Service Leave Act 1997;
(x) the Payroll Tax Act2007;
(xi) the Fair Work Act 2009 of the Commonwealth;
(xii) the Independent Contractors Act 2006 of the Commonwealth;
(xiii) the Safety, Rehabilitation and Compensation Act 1988 of the Commonwealth;
(xiv) the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;
(b) a provision of a law of Victoria, the Commonwealth, another State or a Territory imposing an obligation in relation to transport, to the extent that the law or provision relates to the transport of workers—
and includes regulations or instruments made under such an Act or provision.
Section 3 - Labour Hire Licensing Act 2018 - Definitions | Zoe