8Meaning of *provides labour hire services*—certain recruitment and placement services and contractor management services

8 Meaning of *provides labour hire services*—certain recruitment and placement services and contractor management services

(1) A person (a provider) provides labour hire services if—

(a) in the course of conducting a business of providing recruitment or placement services, the provider recruits one or more individuals for, or places one or more individuals with, another person (a host) to perform work in and as part of a business or undertaking of the host; and

(b) the provider also procures or provides accommodation for the individuals for some or all of the period during which the individuals perform the work; and

(c) the individuals are workers for the provider, within the meaning of section 9(2)(a).

(2) A person (a provider) provides labour hire services if—

(a) in the course of conducting a business of providing contractor management services, the provider recruits one or more individuals for, or places one or more individuals with another person (a host) to perform work in and as part of a business or undertaking of the host; and

(b) the individuals are workers for the provider, within the meaning of section 9(2)(b).

(3) For the purposes of this section, a provider may provide labour hire services to a host regardless of the following—

(a) whether a contract has been entered into between the provider and the host;

(b) whether the individuals recruited or placed by the provider are recruited or placed—

(i) directly; or

(ii) indirectly through one or more intermediaries;

(c) whether the work performed is under the control of the provider or the host.