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Australian Capital Territory
Labour Hire Licensing Act 2020
A2020-21
Republication No 6
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Labour Hire Licensing Act 2020 (including any amendment made
under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 26 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Labour Hire Licensing Act 2020
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
Part 2 Objects and important concepts
6 Objects of Act 3
7 Meaning of labour hire services 3
8 Meaning of worker 4
Part 3 Labour hire licence commissioner and
committee
Division 3.1 Appointment of commissioner
9 Appointment of commissioner 5
Contents
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10 Functions of commissioner 6
11 Independence of commissioner 6
12 Disclosure of interests 7
13 Commissioner must not do inconsistent work etc 7
14 Ending appointment 7
15 Arrangements for staff and facilities 8
16 Engagement of consultants and contractors 8
17 Independence of commissioner’s staff 9
18 Delegation of functions 9
Division 3.2 Labour hire licensing advisory committee
19 Establishment of committee 9
20 Functions of committee 10
21 Membership of committee 10
22 Procedures of committee 11
Part 4 Labour hire licences
Division 4.1 Licences generally
23 Requirement to hold labour hire licence 12
24 Application for licence 12
25 Commissioner may request more information 12
26 Change of information must be provided 13
27 Issue of licence 13
28 Who is a suitable person? 13
29 Licence—conditions 15
30 Licence—period 16
31 Labour hire licence register 16
32 Licensee must update details 17
Division 4.2 Offences and penalties
33 Providing labour hire services without licence 17
34 Breach of labour hire licence condition 17
35 Engaging unlicensed labour hire service provider 18
Part 5 Compliance auditing
36 Complaints about labour hire licensees 19
Contents
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37 Complaints guideline 19
38 Licensee must provide information about compliance 20
Part 6 Regulatory action
39 Meaning of regulatory action—pt 6 21
40 When regulatory action may be taken 21
41 Notification of proposed regulatory action 22
42 Taking regulatory action 22
43 Not taking regulatory action 23
44 Regulatory action in another jurisdiction 24
45 Effect of suspension 24
Part 7 Enforcement
Division 7.1 Preliminary
46 Definitions—pt 7 25
Division 7.2 Authorised people
Subdivision 7.2.1 Authorised people generally
47 Appointment 26
48 Identity cards 26
49 Authorised person must show identity card on exercising power 27
Subdivision 7.2.2 Powers
50 Power to enter premises 27
51 Production of identity card 29
52 Consent to entry 29
53 General powers on entry to premises 30
54 Power to obtain, inspect and copy records 31
55 Abrogation of privilege against self-incrimination 31
56 Warning to be given 32
57 Power to seize things 32
58 Direction to give name and address 33
59 Offence—fail to comply with direction to give name and address 34
Subdivision 7.2.3 Search warrants
60 Warrants generally 35
61 Warrants—application other than in person 36
Contents
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62 Search warrants—announcement before entry 38
63 Details of search warrant to be given to occupier etc 38
64 Occupier entitled to be present during search etc 38
Subdivision 7.2.4 Return and forfeiture of things seized
65 Receipt for things seized 39
66 Moving things to another place for examination or processing under
search warrant 40
67 Access to things seized 41
68 Return of things seized 41
Subdivision 7.2.5 Miscellaneous
69 Damage etc to be minimised 42
70 Compensation for exercise of enforcement powers 43
Part 8 Notification and review of decisions
71 Meaning of reviewable decision—pt 8 44
72 Reviewable decision notices 44
73 Applications for review 44
Part 9 Miscellaneous
74 Disclosure of information by commissioner 45
75 Determination of fees 45
76 Regulation-making power 45
Schedule 1 Reviewable decisions 46
Dictionary 47
Endnotes
1 About the endnotes 50
2 Abbreviation key 50
3 Legislation history 51
4 Amendment history 52
Contents
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5 Earlier republications 53
6 Expired transitional or validating provisions 53
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Australian Capital Territory
Labour Hire Licensing Act 2020
An Act to provide for the licensing and regulation of providers of labour hire
services, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Labour Hire Licensing Act 2020.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘connected, for part 7
(Enforcement)—see section 46.’ means that the term ‘connected’ is
defined in that section for part 7.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Objects and important concepts Part 2
Section 6
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Part 2 Objects and important concepts
6 Objects of Act
(1) The objects of this Act are to—
(a) protect workers from exploitation by providers of labour hire
services; and
(b) ensure labour hire service providers meet their workplace
obligations and responsibilities to the workers they supply; and
(c) promote the integrity of the labour hire services industry; and
(d) promote responsible practices in the labour hire services
industry.
(2) The objects are to be achieved by—
(a) establishing a licensing scheme to regulate the provision of
labour hire services; and
(b) establishing a register of labour hire licensees.
7 Meaning of labour hire services
(1) For this Act, a person (a provider) provides labour hire services if, in
the course of carrying on a business, the person supplies to another
person (the hirer) a worker to do work.
(2) For subsection (1), a worker is supplied by a provider when the
worker starts to do work for the hirer.
(3) A provider provides labour hire services regardless of whether—
(a) the worker is employed by the provider; or
(b) there is a contract for the worker to do the work; or
(c) the worker is supplied to the hirer directly or indirectly; or
(d) the work completed by the worker is under the control of the
provider or the hirer.
Part 2 Objects and important concepts
Section 8
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(4) A regulation may prescribe that a stated person is not a provider of
labour hire services for this section.
8 Meaning of worker
(1) For this Act, an individual is a worker for a provider if the individual
enters into an arrangement with the provider under which—
(a) the provider may supply, to another person, the individual to do
work; and
(b) the provider is obliged to pay the worker for the work—
(i) in whole or part; or
(ii) directly or indirectly.
(2) The Minister may declare that a person is, or is not, a worker for this
Act.
(3) A declaration is a disallowable instrument.
Note Power to make a statutory instrument includes power to make different
provision in relation to different matters or different classes of matters,
and to make an instrument that applies differently by reference to stated
exceptions or factors (see Legislation Act, s 48).
(4) In this section:
provider—see section 7 (1).
Labour hire licence commissioner and committee Part 3
Appointment of commissioner Division 3.1
Section 9
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Part 3 Labour hire licence
commissioner and committee
Division 3.1 Appointment of commissioner
9 Appointment of commissioner
(1) The Minister must appoint a person as the Labour Hire Licence
Commissioner.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
(2) The Minister must not appoint a person as the commissioner unless
satisfied that the person has the experience or expertise necessary to
exercise the commissioner’s functions.
(3) A person must be appointed for a term not longer than 5 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
(4) The commissioner’s conditions of appointment are the conditions
agreed between the Minister and the commissioner stated in the
instrument of appointment, subject to any determination under the
Remuneration Tribunal Act 1995.
(5) The appointment of the commissioner is a notifiable instrument.
(6) If an appointment is not made under subsection (1), the person
appointed under the Work Health and Safety Act 2011, schedule 2,
part 2.2 is the Labour Hire Licence Commissioner.
Part 3 Labour hire licence commissioner and committee
Division 3.1 Appointment of commissioner
Section 10
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10 Functions of commissioner
The commissioner has the following functions:
(a) to promote an understanding and acceptance of, and compliance
with, this Act;
(b) to promote the integrity of the labour hire industry;
(c) to undertake research and develop educational and other
programs for the purpose of enabling licensees to comply with
the Act;
(d) to advise the Minister on any matter relevant to the operation of
this Act;
(e) any other function given to the commissioner under this Act or
another territory law.
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
11 Independence of commissioner
(1) Subject to subsection (2), the commissioner is not subject to the
direction of anyone else, and must act independently in relation to the
exercise of a function under this Act or another territory law under
which the commissioner exercises a function.
(2) However, the Minister may, in writing, give directions to the
commissioner in relation to the exercise of the commissioner’s
functions.
(3) A direction given under subsection (2) must be of a general nature
and not direct the commissioner in relation to a particular complaint,
licensee or regulatory action.
(4) The Minister must present a copy of any direction under
subsection (2) to the Legislative Assembly within 5 sitting days after
the day it is given to the commissioner.
Labour hire licence commissioner and committee Part 3
Appointment of commissioner Division 3.1
Section 12
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12 Disclosure of interests
The commissioner must give the Minister a written statement of the
commissioner’s personal and financial interests within 7 days after—
(a) the day the commissioner is appointed; and
(b) the first day of each financial year; and
(c) the day there is a change in the interest.
13 Commissioner must not do inconsistent work etc
The commissioner must not—
(a) have paid employment that is inconsistent with the
commissioner’s functions; or
(b) engage in any unpaid activity that is inconsistent with the
commissioner’s functions.
14 Ending appointment
(1) The Minister may end a person’s appointment as the commissioner—
(a) for misconduct; or
(b) if the person becomes bankrupt or personally insolvent; or
Note Bankrupt or personally insolvent—see the Legislation Act, dict,
pt 1.
(c) if the person is convicted, in the ACT, of an offence punishable
by imprisonment for at least 1 year; or
(d) if the person is convicted outside the ACT, in Australia or
elsewhere, of an offence that, if it had been committed in the
ACT, would be punishable by imprisonment for at least 1 year.
Part 3 Labour hire licence commissioner and committee
Division 3.1 Appointment of commissioner
Section 15
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(2) The Minister must end the commissioner’s appointment for physical
or mental incapacity, if the incapacity substantially affects the
exercise of the commissioner’s functions.
Note A person’s appointment also ends if the person resigns (see Legislation
Act, s 210).
15 Arrangements for staff and facilities
The commissioner may arrange with the head of service to use the
services of a public servant or Territory facilities.
Note The head of service may delegate powers in relation to the management
of public servants to a public servant or another person (see Public Sector
Management Act 1994, s 18).
16 Engagement of consultants and contractors
(1) The commissioner may engage—
(a) an approved auditor to assist the commissioner in ensuring a
licensee’s compliance with this Act; and
(b) any other consultant or contractor that may be necessary or
convenient to exercise the commissioner’s functions.
(2) The conditions of a consultant’s or contractor’s engagement are the
conditions agreed between the commissioner and the consultant or
contractor.
(3) However, this section does not give the commissioner the power to
enter into a contract of employment with a consultant or contractor.
(4) In this section:
approved auditor means an auditor approved under the Government
Procurement Act 2001, section 22O.
Labour hire licence commissioner and committee Part 3
Labour hire licensing advisory committee Division 3.2
Section 17
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17 Independence of commissioner’s staff
(1) A member of the commissioner’s staff is, in relation to the exercise
of a function under this Act or another territory law under which the
member exercises a function, not subject to the direction of anyone
except—
(a) the commissioner; or
(b) another member of the commissioner’s staff who is authorised
by the commissioner to give directions.
(2) In this section:
commissioner’s staff means—
(a) a public servant mentioned in section 15; and
(b) a consultant or contractor engaged by the commissioner under
section 16.
18 Delegation of functions
(1) The commissioner may delegate the commissioner’s functions under
this Act or another territory law under which the commissioner
exercises a function to a member of the commissioner’s staff.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
(2) In this section:
commissioner’s staff—see section 17 (2).
Division 3.2 Labour hire licensing advisory
committee
19 Establishment of committee
The Labour Hire Licensing Advisory Committee is established.
Part 3 Labour hire licence commissioner and committee
Division 3.2 Labour hire licensing advisory committee
Section 20
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20 Functions of committee
The committee has the following functions:
(a) to advise the Minister about—
(i) matters relating to the operation of this Act; and
(ii) if required by the Minister—anything else in relation to
labour hire services;
(b) any other function given to the committee under this Act.
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
21 Membership of committee
(1) The committee consists of—
(a) the commissioner; and
(b) 3 members appointed by the Minister after consultation with the
people or bodies that the Minister considers represent the
interests of employees; and
(c) 3 members appointed by the Minister after consultation with the
people or bodies that the Minister considers represent the
interests of employers.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
(2) A person must be appointed to the committee for not longer than
3 years.
Labour hire licence commissioner and committee Part 3
Labour hire licensing advisory committee Division 3.2
Section 22
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(3) The commissioner is—
(a) the chair of the committee; and
(b) a non-voting member of the committee.
22 Procedures of committee
(1) Meetings of the committee are to be held when and where the
committee decides.
(2) The committee may conduct its proceedings (including its meetings)
as it considers appropriate.
(3) The committee may publish its considerations as the committee
considers appropriate.
Part 4 Labour hire licences
Division 4.1 Licences generally
Section 23
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Part 4 Labour hire licences
Division 4.1 Licences generally
23 Requirement to hold labour hire licence
A person must not provide labour hire services unless the person
holds a labour hire licence.
Note Section 33 makes it an offence to provide labour hire services without a
licence.
24 Application for licence
(1) A person may apply to the commissioner for a licence.
(2) The application must—
(a) be in writing; and
(b) include any information prescribed by regulation.
Note It is an offence to make a false or misleading statement, give false or
misleading information or produce a false or misleading document (see
Criminal Code, pt 3.4).
25 Commissioner may request more information
(1) The commissioner may, by written notice, require an applicant for a
licence to give the commissioner information that the commissioner
reasonably needs to decide the application, within a stated time, at a
stated place.
(2) If the applicant does not comply with a requirement in the notice, the
commissioner may refuse to consider the application further.
Labour hire licences Part 4
Licences generally Division 4.1
Section 26
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26 Change of information must be provided
(1) This section applies if the information in an application for a licence
changes before the application is decided.
(2) The applicant must give the commissioner written notice of the
details of the change.
27 Issue of licence
(1) If a person applies for a licence, the commissioner must, within a
reasonable period—
(a) issue the licence; or
(b) refuse to issue the licence.
Note A licence may be issued with a condition (see s 29).
(2) The commissioner may issue the licence to the applicant, only if the
commissioner is satisfied that the applicant is a suitable person to hold
the licence.
28 Who is a suitable person?
(1) For this Act, in deciding whether an applicant is a suitable person to
hold a licence, the commissioner must consider the following:
(a) the applicant’s character, including, for example, the applicant’s
honesty, integrity and professionalism;
(b) whether the applicant—
(i) has a history of compliance with workplace laws or
standards; or
(ii) is able to demonstrate an ability to comply with workplace
laws or standards;
(c) whether the applicant has previously held a licence that has been
cancelled or suspended, or for which conditions have been
imposed under section 29;
Part 4 Labour hire licences
Division 4.1 Licences generally
Section 28
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(d) whether the applicant has been the subject of regulatory action
under a labour hire law;
(e) whether the applicant has been convicted of an offence against
a workplace law or standard or another law that affects the
applicant’s suitability to provide labour hire services;
(f) if the applicant is an individual—
(i) whether the applicant has been an insolvent under
administration under the Corporations Act, section 9; or
(ii) whether a corporation has been placed into administration,
receivership or liquidation while the applicant was an
executive officer of the corporation; or
(iii) whether the applicant has been disqualified from managing
a corporation under the Corporations Act.
(2) If the applicant is a corporation, the commissioner must also consider
the matters mentioned in subsection (1) for each influential person for
the corporation.
(3) Also, the applicant is a suitable person if—
(a) the applicant holds a licence under another labour hire law; and
(b) the licence is not the subject of any regulatory action under that
law.
(4) The commissioner—
(a) must consider any matter prescribed by regulation; or
(b) may consider any other matter the commissioner considers
relevant.
Labour hire licences Part 4
Licences generally Division 4.1
Section 29
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(5) In this section:
influential person, for a corporation, means—
(a) an executive officer of the corporation; or
(b) a person who may exercise a relevant power in relation to the
corporation; or
(c) a related corporation; or
(d) an executive officer of a related corporation.
related corporation means a related body corporate under the
Corporations Act.
relevant power, for a corporation, means a power to—
(a) take part in a directorial, managerial or executive decision for
the corporation; or
(b) elect or appoint a person as an executive officer in the
corporation; or
(c) significantly influence the conduct of the corporation.
29 Licence—conditions
A labour hire licence includes—
(a) a condition that the licensee must comply with this Act; and
(b) a condition that the licensee must not contravene workplace
laws or standards; and
(c) a condition that the licensee notify the commissioner of any
regulatory action taken against the licensee under a labour hire
law; and
(d) any other condition the commissioner considers appropriate;
and
(e) any other condition prescribed by regulation.
Part 4 Labour hire licences
Division 4.1 Licences generally
Section 30
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30 Licence—period
(1) A labour hire licence starts on the day stated in the licence.
(2) The commissioner must not issue a labour hire licence for longer than
12 months or any longer period prescribed by regulation.
(3) A labour hire licence expires on the day stated in the licence.
31 Labour hire licence register
(1) The commissioner must keep a register.
(2) The register—
(a) must include the following:
(i) the licensee’s registered business name;
(ii) if the licensee operates the business under another name—
the business’s trading name;
(iii) the licensee’s ABN or ACN;
(iv) the expiry date for the licence;
(v) any condition on the licence;
(vi) any other information prescribed by regulation; and
(b) may include any other information the commissioner considers
appropriate.
(3) The information mentioned in subsection (2) (a) must be available for
public inspection.
(4) The commissioner may correct a mistake, error or omission in the
register.
Labour hire licences Part 4
Offences and penalties Division 4.2
Section 32
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32 Licensee must update details
(1) This section applies if any of the following information changes:
(a) contact details for the licensee;
(b) if the licensee operates the business under another name—the
business’s trading name.
(2) The licensee must tell the commissioner, in writing, about the change
as soon as practicable, but not later than 7 days after the change
happens.
Maximum penalty: 50 penalty units.
Division 4.2 Offences and penalties
33 Providing labour hire services without licence
(1) A person commits an offence if the person—
(a) provides labour hire services; and
(b) does not hold a labour hire licence.
Maximum penalty:
(a) for an individual—800 penalty units; or
(b) for a corporation—3 000 penalty units.
(2) A person commits an offence if the person falsely represents that the
person holds a labour hire licence.
Maximum penalty: 200 penalty units.
34 Breach of labour hire licence condition
A person commits an offence if—
(a) the person holds a labour hire licence; and
(b) the licence is subject to a condition; and
Part 4 Labour hire licences
Division 4.2 Offences and penalties
Section 35
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(c) the person fails to comply with the condition.
Maximum penalty: 200 penalty units.
35 Engaging unlicensed labour hire service provider
(1) A person must not enter into an arrangement for the provision of
labour hire services to the person unless the proposed provider of the
labour hire services is the holder of a licence.
(2) Subsection (1) does not apply if—
(a) the provider was included in the register under section 31 as the
holder of a labour hire licence at the time the arrangement was
entered into; or
(b) the person has a reasonable excuse for entering into the
arrangement.
Example—par (b)
Kevin decides that he needs a cleaner for his house. He sees an advertisement on a
social media site by a company offering domestic cleaning services. Kevin did not
know that the company was an unlicensed labour hire services provider nor was
there anything in the advertisement or otherwise to make him aware that he should
check that the company was licensed.
(3) If a person contravenes subsection (1), the person must pay as a debt
due to the Territory a civil penalty—
(a) for an individual—a maximum penalty equivalent to 800
penalty units; or
(b) for a corporation—a maximum penalty equivalent to
3 000 penalty units.
Note An amount owing under a law may be recovered as a debt in a court of
competent jurisdiction or the ACAT (see Legislation Act, s 177).
Compliance auditing Part 5
Section 36
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Part 5 Compliance auditing
36 Complaints about labour hire licensees
(1) If the commissioner receives a complaint about a licensee, the
commissioner may—
(a) investigate the complaint; or
(b) if the complaint relates to a failure to comply with a workplace
law or standard—refer the complaint to the authority responsible
for administering the workplace law or standard; or
(c) take no action if the commissioner reasonably believes the
complaint—
(i) lacks substance; or
(ii) is frivolous, vexatious or was not made in good faith; or
(iii) has been adequately dealt with.
(2) The commissioner must—
(a) deal with the complaint in accordance with any complaints
guideline under section 37; and
(b) give written notice of the action taken under subsection (1)
unless the complainant has not provided contact details.
37 Complaints guideline
(1) The Minister may determine guidelines for how a complaint about a
licensee must be dealt with (a complaints guideline).
(2) A complaints guideline is a notifiable instrument.
Part 5 Compliance auditing
Section 38
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38 Licensee must provide information about compliance
(1) The commissioner may request, in writing, that a licensee give the
commissioner information about the licensee’s compliance with this
Act within a stated reasonable period—
(a) on receiving a complaint about the licensee; or
(b) on the commissioner’s own initiative.
(2) The licensee must give the commissioner the information within the
stated period.
Note The commissioner may take regulatory action if the licensee does not
comply with this section (see s 40).
(3) However, any information obtained, directly or indirectly, because of
the giving of the information is not admissible in evidence against the
person in a civil or criminal proceeding, other than a proceeding
relating to regulatory action under part 6.
Note The Legislation Act, s 170 deals with the application of the privilege
against self-incrimination.
Regulatory action Part 6
Section 39
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Part 6 Regulatory action
39 Meaning of regulatory action—pt 6
In this part:
regulatory action, against a licensee, means any of the following
actions:
(a) imposing, or amending, a condition on the licence;
(b) suspending the licence for either a fixed period or until a
particular event happens;
(c) disqualifying the licensee from applying for another licence for
a fixed period or until a particular event happens;
(d) cancelling the licence.
40 When regulatory action may be taken
The commissioner may take regulatory action against a licensee only
if satisfied on reasonable grounds that the licensee—
(a) stopped operating the business the subject of the licence; or
(b) used false or misleading information to obtain the licence; or
(c) contravened a condition of the licence; or
(d) fails to give the commissioner information requested under
section 38; or
(e) failed to comply with a provision of this Act; or
(f) is no longer a suitable person to hold a licence; or
(g) has contravened a workplace law or standard.
Part 6 Regulatory action
Section 41
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41 Notification of proposed regulatory action
(1) Before the commissioner takes regulatory action against a licensee,
the commissioner must give the licensee a written notice (a show
cause notice) stating—
(a) the grounds on which, under section 40, the commissioner
considers regulatory action may be taken; and
(b) details of the proposed regulatory action; and
(c) that the licensee may, not later than 14 days after the day the
licensee is given the notice, give a written submission to the
commissioner about the proposed regulatory action.
(2) The commissioner must consider any written submission received by
the commissioner in response to the show cause notice when making
a decision to take regulatory action against the licensee.
42 Taking regulatory action
(1) This section applies if the commissioner, after complying with
section 41, is satisfied on reasonable grounds that it is appropriate to
take the regulatory action.
(2) The commissioner may—
(a) if the proposed regulatory action is imposing or amending a
condition on a licence—impose or amend the condition; or
(b) if the proposed regulatory action is suspending a licence—take
any of the following action:
(i) the action mentioned in paragraph (a);
(ii) suspend the licence for a period; or
(c) if the proposed regulatory action is disqualifying a licensee from
applying for a further licence—take any of the following action:
(i) the action mentioned in paragraph (b);
Regulatory action Part 6
Section 43
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(ii) disqualify the licensee from applying for a further licence
for a period; or
(d) if the proposed regulatory action is cancelling a licence—take
any of the following action:
(i) the action mentioned in paragraph (c);
(ii) cancel the licence.
Note A decision under this subsection is a reviewable decision (see s 71).
(3) Before taking regulatory action against a licensee under this section,
the commissioner must tell the licensee, by written notice (a notice of
regulatory action)—
(a) the regulatory action that will be taken; and
(b) the day on which the regulatory action takes effect.
(4) Regulatory action against the licensee takes effect on the day stated
in the notice of regulatory action.
(5) In this section:
proposed regulatory action, in relation to a licensee, means
regulatory action mentioned in a show cause notice given to the
person under section 41 (1).
43 Not taking regulatory action
(1) This section applies if, after considering a submission under
section 41 (2) received from a licensee, the commissioner is satisfied
on reasonable grounds that regulatory action against the licensee—
(a) may not be taken; or
(b) may be taken, but it is not appropriate to take the action.
(2) The commissioner must give the licensee written notice telling the
licensee that regulatory action will not be taken against the licensee
in relation to the matters stated in the show cause notice.
Part 6 Regulatory action
Section 44
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44 Regulatory action in another jurisdiction
(1) This section applies if—
(a) a licensee holds a licence under another labour hire law; and
(b) regulatory action is taken, or is proposed to be taken, against the
licensee in relation to that licence.
(2) The licensee must, as soon as possible after the licensee becomes
aware of the regulatory action, tell the commissioner—
(a) the proposed regulatory action or regulatory action taken; and
(b) the day on which the regulatory action takes effect.
Note The commissioner must consider regulatory action against a licensee in
deciding if the person is a suitable person to hold a licence (see
s 28 (1) (d)).
45 Effect of suspension
If the commissioner suspends a licence, the licensee is taken not to
hold the licence during the period of suspension.
Enforcement Part 7
Preliminary Division 7.1
Section 46
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Part 7 Enforcement
Division 7.1 Preliminary
46 Definitions—pt 7
In this part:
connected—a thing is connected with an offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence; or
(c) it was used, is being used, or is intended to be used, to commit
the offence.
occupier, of premises, includes—
(a) a person believed on reasonable grounds to be an occupier of the
premises; and
(b) a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds for
believing has been, is being, or will be, committed.
premises includes land.
warrant means a warrant issued under subdivision 7.2.3 (Search
warrants).
Part 7 Enforcement
Division 7.2 Authorised people
Section 47
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Division 7.2 Authorised people
Subdivision 7.2.1 Authorised people generally
47 Appointment
The commissioner may appoint a public servant as an authorised
person for this Act.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
48 Identity cards
(1) The commissioner must give each authorised person an identity card
that states the person’s name and appointment as an authorised
person, and shows—
(a) a recent photograph of the person; and
(b) the date of issue of the card; and
(c) the date of expiry of the card; and
(d) anything else prescribed by regulation.
(2) A person commits an offence if the person—
(a) stops being an authorised person; and
(b) does not return the person’s identity card to the commissioner as
soon as practicable (but within 7 days) after the day the person
stops being an authorised person.
Maximum penalty: 1 penalty unit.
Enforcement Part 7
Authorised people Division 7.2
Section 49
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(3) Subsection (2) does not apply to a person if the person’s identity card
is—
(a) lost or stolen; or
(b) destroyed by someone else.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58).
(4) An offence against this section is a strict liability offence.
49 Authorised person must show identity card on exercising
power
(1) If an authorised person exercises a power under this Act (other than a
power under section 54) that affects an individual, the authorised
person must first show the authorised person’s identity card to the
individual.
(2) If an authorised person exercises a power under this Act (other than a
power under section 54) that affects a person, other than an
individual, the authorised person must first show the authorised
person’s identity card to an individual the authorised person believes
on reasonable grounds is an employee, officer or agent of the person.
Subdivision 7.2.2 Powers
50 Power to enter premises
(1) For this Act, an authorised person may—
(a) at any reasonable time, enter premises that the public is entitled
to use or that are open to the public (whether or not on payment
of money); or
(b) at any time, enter premises with the occupier’s consent; or
Part 7 Enforcement
Division 7.2 Authorised people
Section 50
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(c) at any time, enter premises if the authorised person believes on
reasonable grounds that the risk is so serious and urgent that
immediate entry to the premises without the authority of a search
warrant is necessary; or
(d) enter premises in accordance with a search warrant.
(2) However—
(a) subsection (1) (a) does not authorise entry into a part of the
premises that is being used only for residential purposes; and
(b) subsection (1) (c) does not authorise entry into premises that are
used for residential purposes, unless the premises are also the
place from which a labour hire business is conducted.
(3) An authorised person may, without the consent of the occupier of
premises, enter land around the premises to ask for consent to enter
the premises.
(4) To remove any doubt, an authorised person may enter premises under
subsection (1) without payment of an entry fee or other charge.
(5) An authorised person may—
(a) for subsection (1) (a), (b) or (c)—enter the premises with
necessary assistance; and
(b) for subsection (1) (d)—enter the premises with necessary
assistance and force.
(6) In this section:
necessary assistance, for an authorised person entering premises,
includes the attendance of 1 or more people who, in the opinion of
the authorised person, have knowledge or skills that could assist the
authorised person to carry out their function.
Enforcement Part 7
Authorised people Division 7.2
Section 51
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51 Production of identity card
An authorised person and any other person other than a police officer
who is accompanying the authorised person may not remain at
premises entered under this part if the authorised person does not
produce their identity card when asked by the occupier.
52 Consent to entry
(1) When seeking the consent of an occupier to enter premises under
section 50 (1) (b), an authorised person must—
(a) produce their identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) the reason for, and identity of, any other person
accompanying the authorised person; and
(iii) that anything found and seized under this part may be used
in evidence in court; and
(iv) that consent may be refused.
(2) If the occupier consents, the authorised person must ask the occupier
to sign a written acknowledgment (an acknowledgment of
consent)—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) the reason for, and identity of, any other person
accompanying the authorised person; and
(iii) that anything found and seized under this part may be used
in evidence in court; and
(iv) that consent may be refused; and
(b) that the occupier consents to the entry; and
Part 7 Enforcement
Division 7.2 Authorised people
Section 53
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(c) stating the time and date when consent was given.
(3) If the occupier signs an acknowledgment of consent, the authorised
person must immediately give a copy to the occupier.
(4) A court must find that the occupier did not consent to entry to the
premises by the authorised person under this part if—
(a) the question whether the occupier consented to the entry arises
in a proceeding in the court; and
(b) an acknowledgment of consent for the entry is not produced in
evidence; and
(c) it is not proved that the occupier consented to the entry.
53 General powers on entry to premises
(1) An authorised person who enters premises under this part may, for
this Act, do 1 or more of the following in relation to the premises or
anything at the premises:
(a) examine anything;
(b) examine and copy, or take extracts from, documents relating to
a contravention, or possible contravention, of this Act;
(c) take photographs, films, or audio, video or other recordings;
(d) require the occupier, or anyone at the premises, to give
information, answer questions, or produce documents or
anything else (whether the information, document or other thing
is at the premises or elsewhere) that the occupier or person at the
premises has, or has access to, that are reasonably necessary to
exercise a function under this Act;
(e) require the occupier, or anyone else at the premises, to give the
authorised person copies of documents produced under
paragraph (d) that are reasonably necessary to exercise a
function under this Act;
Enforcement Part 7
Authorised people Division 7.2
Section 54
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(f) require the occupier, or anyone else at the premises, to give the
authorised person reasonable help to exercise a power under this
part.
(2) A person must take reasonable steps to comply with a requirement
made of the person under subsection (1) (d), (e) or (f).
Maximum penalty: 50 penalty units.
54 Power to obtain, inspect and copy records
(1) An authorised person may, in writing, require any of the following
people to give the authorised person information, or produce
documents or anything else, that the person has, or has access to, that
are reasonably required by the authorised person for this Act:
(a) a licensee;
(b) a bank or other financial institution that holds accounts for a
licensee;
(c) an accountant or bookkeeper engaged by a licensee.
Example
request and obtain by email a list of employees
(2) A person must take reasonable steps to comply with a requirement
made of the person under this section.
Maximum penalty: 50 penalty units.
55 Abrogation of privilege against self-incrimination
(1) A person is not excused from answering a question or providing
information or a document under this part on the ground that the
answer to the question, or the information or document, may tend to
incriminate the person or expose the person to a penalty.
Part 7 Enforcement
Division 7.2 Authorised people
Section 56
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(2) However, any information, document or thing obtained, directly or
indirectly, because of the giving of the answer or the production of
the document is not admissible in evidence against the person in a
civil or criminal proceeding, other than a proceeding for an offence
arising out of the false or misleading nature of the answer,
information or document.
56 Warning to be given
(1) Before requiring a person to comply with a requirement under
section 53 (1) (d) or (e) or section 54, an authorised person must warn
the person—
(a) that failure to comply constitutes an offence; and
(b) about the effect of section 55.
(2) It is not an offence for an individual to refuse to answer a question
put by an authorised person or provide information or a document to
an authorised person under section 53 (1) (d) or (e) or section 54 on
the ground that the question, information or document might tend to
incriminate the individual, unless the individual was first given the
warning in subsection (1) (b).
(3) Nothing in this section prevents an authorised person from obtaining
and using evidence given to the authorised person voluntarily by any
person.
57 Power to seize things
(1) An authorised person who enters premises under this part with the
occupier’s consent may seize anything at the premises if seizure of
the thing is consistent with the purpose of the entry told to the
occupier when seeking the occupier’s consent.
(2) An authorised person who enters premises under a warrant under this
part may seize anything at the premises that the authorised person is
authorised to seize under the warrant.
Enforcement Part 7
Authorised people Division 7.2
Section 58
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(3) An authorised person who enters premises under this part (whether
with the occupier’s consent, under a warrant or otherwise) may seize
anything at the premises if satisfied on reasonable grounds that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Having seized a thing, an authorised person may—
(a) remove the thing from the premises where it was seized
(the place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to it.
(5) A person commits an offence if—
(a) the person interferes with a seized thing, or anything containing
a seized thing, to which access has been restricted under
subsection (4); and
(b) the person does not have an authorised person’s approval to
interfere with the thing.
Maximum penalty: 50 penalty units.
(6) An offence against subsection (5) is a strict liability offence.
58 Direction to give name and address
(1) This section applies if an authorised person believes on reasonable
grounds that a person—
(a) has committed, is committing or is about to commit an offence
against this Act; or
(b) may be able to assist in the investigation of an offence against
this Act.
Part 7 Enforcement
Division 7.2 Authorised people
Section 59
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(2) The authorised person may direct the person to give the authorised
person, immediately, any of the following personal details:
(a) the person’s full name;
(b) the person’s home address.
Note 1 The authorised person must first show the person the authorised person’s
identity card (see s 49).
Note 2 It is an offence to make a false or misleading statement or give false or
misleading information (see Criminal Code, pt 3.4).
(3) If the authorised person believes on reasonable grounds that a
personal detail given by a person in response to a name and address
direction is false or misleading, the authorised person may direct the
person to produce evidence immediately of the correctness of the
detail.
(4) If an authorised person gives a direction to a person, the authorised
person must tell the person that it is an offence if the person fails to
comply with the direction.
(5) If an authorised person gives a direction to a person, the authorised
person must give the direction in a language, or in a way of
communicating, that the authorised person believes on reasonable
grounds the person is likely to understand.
59 Offence—fail to comply with direction to give name and
address
(1) A person commits an offence if the person fails to comply with a
direction under section 58.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
Enforcement Part 7
Authorised people Division 7.2
Section 60
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(3) This section does not apply to a person if the authorised person,
before giving the direction, did not—
(a) produce the authorised person’s identity card for inspection by
the person; or
(b) tell the person that failure to comply with the direction is an
offence.
(4) Also, for a direction under section 58 (3), this section does not apply
if the person produces evidence of the correctness of the detail not
more than 3 days after the day the direction was made.
Note The defendant has an evidential burden in relation to the matters
mentioned in ss (3) and (4) (see Criminal Code, s 58).
Subdivision 7.2.3 Search warrants
60 Warrants generally
(1) An authorised person may apply to a magistrate for a warrant to enter
premises.
(2) The application must—
(a) be sworn; and
(b) state the grounds on which the warrant is sought.
(3) The magistrate may refuse to consider the application until the
authorised person gives the magistrate all the information the
magistrate requires about the application in the way the magistrate
requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence
against this Act; and
Part 7 Enforcement
Division 7.2 Authorised people
Section 61
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(b) the thing or activity—
(i) is, or is being engaged in, at the premises; or
(ii) may be, or may be engaged in, at the premises within the
next 14 days.
(5) The warrant must state—
(a) that an authorised person may, with any necessary assistance
and force, enter the premises and exercise the authorised
person’s powers under this part; and
(b) the offence for which the warrant is issued; and
(c) the things that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 14 days after the day of the warrant’s issue,
when the warrant ends.
61 Warrants—application other than in person
(1) An authorised person may apply for a warrant by phone, fax, radio,
email, letter or other form of communication if the authorised person
considers it necessary because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the authorised person must prepare
an application stating the grounds on which the warrant is sought.
(3) The authorised person may apply for the warrant before the
application is sworn.
(4) After issuing the warrant, the magistrate must immediately give a
written copy to the authorised person if it is practicable to do so.
Enforcement Part 7
Authorised people Division 7.2
Section 61
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(5) If it is not practicable to give a written copy of the warrant to the
authorised person—
(a) the magistrate must tell the authorised person—
(i) what the terms of the warrant are; and
(ii) the date and time the warrant was issued; and
(b) the authorised person must complete a form of warrant
(the warrant form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The written copy of the warrant, or the warrant form properly
completed by the authorised person, authorises the entry and the
exercise of the authorised person’s powers under this part.
(7) The authorised person must, at the first reasonable opportunity, send
to the magistrate—
(a) the sworn application; and
(b) if the authorised person completed a warrant form—the
completed warrant form.
(8) On receiving the documents mentioned in subsection (7), the
magistrate must attach them to the warrant.
(9) A court must find that a power exercised by an authorised person was
not authorised by a warrant under this section if—
(a) a question arises in a proceeding before the court whether the
exercise of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a
warrant under this section.
Part 7 Enforcement
Division 7.2 Authorised people
Section 62
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62 Search warrants—announcement before entry
(1) An authorised person must, before anyone enters premises under a
search warrant—
(a) announce that the authorised person is authorised to enter the
premises; and
(b) give anyone at the premises an opportunity to allow entry to the
premises; and
(c) if the occupier of the premises, or someone else who apparently
represents the occupier, is present at the premises—identify
themselves to the person.
(2) The authorised person is not required to comply with subsection (1)
if the authorised person believes on reasonable grounds that
immediate entry to the premises is required to ensure—
(a) the safety of anyone (including the authorised person or any
person assisting an authorised person); or
(b) that the effective execution of the warrant is not frustrated.
63 Details of search warrant to be given to occupier etc
If the occupier of the premises, or someone else who apparently
represents the occupier, is present at the premises while a search
warrant is being executed, the authorised person or a person assisting
must make available to the person—
(a) a copy of the warrant; and
(b) a document setting out the rights and obligations of the person.
64 Occupier entitled to be present during search etc
(1) If the occupier of the premises, or someone else who apparently
represents the occupier, is present at the premises while a search
warrant is being executed, the person is entitled to observe the search
being conducted.
Enforcement Part 7
Authorised people Division 7.2
Section 65
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(2) However, the person is not entitled to observe the search if—
(a) to do so would impede the search; or
(b) the person is under arrest, and allowing the person to observe
the search being conducted would interfere with the objectives
of the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
Subdivision 7.2.4 Return and forfeiture of things seized
65 Receipt for things seized
(1) As soon as practicable after a thing is seized by an authorised person
under this part, the authorised person must give a receipt for it to the
person from whom it was seized.
(2) If, for any reason, it is not practicable to comply with subsection (1),
the authorised person must leave the receipt, secured conspicuously
at the place of seizure under section 57 (Power to seize things).
(3) A receipt under this section must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the authorised person’s name, and how to contact the authorised
person;
(d) if the thing is moved from the premises where it is seized—
where the thing is to be taken.
Part 7 Enforcement
Division 7.2 Authorised people
Section 66
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66 Moving things to another place for examination or
processing under search warrant
(1) A thing found at premises entered under a search warrant may be
moved to another place for examination or processing to decide
whether it may be seized under the warrant if—
(a) both of the following apply:
(i) there are reasonable grounds for believing that the thing is
or contains something to which the warrant relates;
(ii) it is significantly more practicable to do so having regard
to the timeliness and cost of examining or processing the
thing at another place and the availability of expert
assistance; or
(b) the occupier of the premises agrees in writing.
(2) The thing may be moved to another place for examination or
processing for not longer than 72 hours.
(3) An authorised person may apply to a magistrate for an extension of
time if the authorised person believes on reasonable grounds that the
thing cannot be examined or processed within 72 hours.
(4) The authorised person must give notice of the application to the
occupier of the premises, and the occupier is entitled to be heard on
the application.
(5) If a thing is moved to another place under this section, the authorised
person must, if practicable—
(a) tell the occupier of the premises the address of the place where,
and time when, the examination or processing will be carried
out; and
(b) allow the occupier or the occupier’s representative to be present
during the examination or processing.
Enforcement Part 7
Authorised people Division 7.2
Section 67
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(6) The provisions of this part relating to the issue of search warrants
apply, with any necessary changes, to the giving of an extension
under this section.
67 Access to things seized
A person who would, apart from the seizure, be entitled to inspect a
thing seized under this part may—
(a) inspect the thing; and
(b) photograph the thing; and
(c) if the thing is a document—take extracts from, or make copies
of, the thing.
68 Return of things seized
(1) A thing seized under this part must be returned to its owner, or
reasonable compensation must be paid to the owner by the Territory
for the loss of the thing, if—
(a) an infringement notice for an offence connected with the thing
is not served on the owner within 1 year after the day of the
seizure and either—
(i) a prosecution for an offence connected with the thing is not
begun within the 1-year period; or
(ii) a prosecution for an offence connected with the thing is
begun within the 1-year period but the court does not find
the offence proved; or
(b) an infringement notice for an offence connected with the thing
is served on the owner within 1 year after the day of the seizure,
the infringement notice is withdrawn and—
(i) a prosecution for an offence connected with the thing is not
begun within 1 year after the day of the seizure; or
Part 7 Enforcement
Division 7.2 Authorised people
Section 69
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(ii) a prosecution for an offence connected with the thing is
begun within 1 year after the day of the seizure but the
court does not find the offence proved; or
(c) an infringement notice for an offence connected with the thing
is served on the owner within 1 year after the day of the seizure,
liability for the offence is disputed in accordance with the
Magistrates Court Act 1930, section 132 (Disputing liability for
infringement notice offence) and—
(i) an information is not laid in the Magistrates Court against
the person for the offence within 60 days after the day
notice is given under that section; or
(ii) the Magistrates Court does not find the offence proved.
(2) If anything seized under this part is not required to be returned or
reasonable compensation is not required to be paid under
subsection (1), the thing—
(a) is forfeited to the Territory; and
(b) may be sold, destroyed or otherwise disposed of as the
commissioner directs.
Subdivision 7.2.5 Miscellaneous
69 Damage etc to be minimised
(1) In the exercise, or purported exercise, of a function under this part, an
authorised person must take all reasonable steps to ensure that the
authorised person, and any person assisting the authorised person,
causes as little inconvenience, detriment and damage as is practicable.
(2) If an authorised person, or a person assisting an authorised person,
damages anything in the exercise or purported exercise of a function
under this part, the authorised person must give written notice of the
particulars of the damage to the person whom the authorised person
believes on reasonable grounds is the owner of the thing.
Enforcement Part 7
Authorised people Division 7.2
Section 70
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(3) If the damage happens at premises entered under this part in the
absence of the occupier, the notice may be given by leaving it secured
in a conspicuous place at the premises.
70 Compensation for exercise of enforcement powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense because of the exercise, or purported exercise,
of a function under this part by—
(a) an authorised person; or
(b) a person assisting an authorised person.
(2) Compensation may be claimed and ordered in a proceeding for—
(a) compensation brought in a court of competent jurisdiction; or
(b) an offence against this Act brought against the person making
the claim for compensation.
(3) A court may order the payment of reasonable compensation for the
loss or expense only if it is satisfied it is just to make the order in the
circumstances of the particular case.
(4) A regulation may prescribe matters that may, must or must not be
taken into account by the court in considering whether it is just to
make the order.
Part 8 Notification and review of decisions
Section 71
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Part 8 Notification and review of
decisions
71 Meaning of reviewable decision—pt 8
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in column 2 in
relation to the decision.
72 Reviewable decision notices
If a decision-maker makes a reviewable decision, the decision-maker
must give a reviewable decision notice to each entity mentioned in
schedule 1, column 4 in relation to the decision.
Note The decision-maker must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
73 Applications for review
The following may apply to the ACAT for a review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Miscellaneous Part 9
Section 74
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Part 9 Miscellaneous
74 Disclosure of information by commissioner
(1) The commissioner may disclose any information that has been
disclosed to, or obtained by, the commissioner in the exercise of a
function under this Act to a responsible entity if the commissioner
considers that—
(a) the information is relevant to the exercise of the functions of the
responsible entity; and
(b) the disclosure of the information to the responsible entity is
appropriate.
(2) In this section:
responsible entity means an entity responsible for the administration
of a workplace law or standard or a labour hire law.
75 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
76 Regulation-making power
The Executive may make regulations for this Act.
Schedule 1 Reviewable decisions
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Schedule 1 Reviewable decisions
(see pt 8)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 27 (1) (b) refuse to issue licence applicant for licence
2 29 issue licence on
condition
licensee
3 42 (2) take regulatory action licensee
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• corporation
• Corporations Act
• Criminal Code
• disallowable instrument (see s 9)
• Executive
• exercise
• found guilty
• function
• individual
• may (see s 146)
• Minister (see s 162)
• must (see s 146)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• person (see s 160)
• State
• the Territory.
commissioner means—
(a) the person appointed under section 9 (1); or
(b) if a person has not been appointed under section 9 (1)—the
person appointed under the Work Health and Safety Act 2011,
schedule 2, part 2.2.
committee means the Labour Hire Licensing Advisory Committee
established under section 19.
Dictionary
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complaints guideline—see section 37.
connected, for part 7 (Enforcement)—see section 46.
labour hire law means—
(a) this Act; and
(b) a law of another jurisdiction corresponding, or substantially
corresponding, to this Act.
labour hire licence means a licence issued under section 27.
labour hire services—see section 7.
occupier, of premises, for part 7 (Enforcement)—see section 46.
offence, for part 7 (Enforcement)—see section 46.
premises, for part 7 (Enforcement)—see section 46.
regulatory action, against a licensee, for part 6 (Regulatory action)—
see section 39.
reviewable decision, for part 8 (Notification and review of
decisions)—see section 71.
suitable person—see section 28.
warrant, for part 7 (Enforcement)—see section 46.
worker—see section 8.
workplace law or standard means any of the following:
(a) a labour hire law;
(b) a law of the Commonwealth or a State imposing an obligation
on a person in relation to workers, including about—
(i) keeping records about workers; and
(ii) the payment of tax or superannuation for workers; and
(iii) ensuring the health and safety of workers;
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(c) a law prescribed by regulation.
Examples—par (b)
• the Discrimination Act 1991
• the Fair Work Act 2009 (Cwlth)
• the Income Tax Assessment Act 1997 (Cwlth)
• the Long Service Leave Act 1976
• the Long Service Leave (Portable Schemes) Act 2009
• the Migration Act 1958 (Cwlth)
• the Superannuation Act 1976 (Cwlth)
• the Superannuation Act 1990 (Cwlth)
• the Superannuation Act 2005 (Cwlth)
• the Workers Compensation Act 1951
• the Work Health and Safety Act 2011.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Labour Hire Licensing Act 2020 A2020-21
notified LR 27 May 2020
s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
remainder commenced 27 May 2021 (s 2 (2))
as amended by
Long Service Leave (Portable Schemes) Amendment Act 2023
A2023-11 sch 1 pt 1.1
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
sch 1 pt 1.1 commenced 11 May 2023 (s 2 (2))
Workplace Legislation Amendment Act 2025 A2025-18 pt 3
notified LR 2 July 2025
s 1, s 2 commenced 2 July 2025 (LA s 75 (1))
pt 3 commenced 9 July 2025 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.103
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.103 commenced 26 December 2025 (s 2 (7))
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Meaning of worker
s 8 am A2025-29 amdt 4.103
Appointment of commissioner
s 9 am A2025-29 amdt 4.103
Membership of committee
s 21 am A2025-18 s 5
Complaints guideline
s 37 am A2025-29 amdt 4.103
Appointment
s 47 am A2023-11 amdt 1.1
Identity cards
s 48 am A2023-11 amdt 1.1
Authorised person must show identity card on exercising power
s 49 hdg sub A2023-11 amdt 1.2
Reviewable decision notices
s 72 am A2025-29 amdt 4.103
Applications for review
s 73 am A2025-29 amdt 4.103
Determination of fees
s 75 am A2025-29 amdt 4.103
Regulation-making power
s 76 am A2025-29 amdt 4.103
Review of Act
s 77 exp 27 May 2025 (s 77 (3))
Transitional
pt 15 hdg exp 27 May 2022 (s 101)
Offences and penalties do not apply for first 6 months
s 100 exp 27 May 2022 (s 101)
Expiry—pt 15
s 101 exp 27 May 2022 (s 101)