sec.39Grounds for injunction

sec.39 Grounds for injunction

The court may grant an injunction if the court is satisfied that a private employment agent— has engaged, or is proposing to engage, in conduct that constitutes or would constitute— a contravention of a declared provision; or attempting to contravene a declared provision; or aiding, abetting, counselling or procuring a person to contravene a declared provision; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or conspiring with others to contravene a declared provision; or has been convicted of a contravention of a declared provision or convicted of a serious offence or has, as an executive officer, a person who has been convicted of a contravention of a declared provision or has been convicted of a serious offence; or has knowingly employed, or continued to employ, a person who has been convicted of— a contravention of a declared provision; or a serious offence; in relation to an activity performed for the private employment agency that it is inappropriate for the person to perform, having regard to the nature of the contravention or serious offence; or has not paid a person an amount the private employment agent is required to pay under an order made under the Industrial Relations Act 2016 , section 401 , 402 , 404 or 405 or a corresponding law to the section. However, the court may grant the injunction only if the court is satisfied that having regard to the nature of the conduct complained of and, if the conduct complained of is a contravention of a declared provision or is a serious offence, the circumstances of the contravention or offence— the conduct complained of should be restrained; or the person is not an appropriate person to act as a private employment agent. In this section— convicted , of a contravention of a declared provision or of a serious offence, means being found guilty of a contravention of a declared provision or of a serious offence, on a plea of guilty or otherwise, whether or not— a conviction was recorded; or the finding of guilt was before or after the commencement of this section; or for a finding that an employee or executive officer was guilty of a contravention of a declared provision or of a serious offence—the finding was before the employee or executive officer became an employee or executive officer. corresponding law , to this Act or a provision of the Industrial Relations Act 2016 mentioned in this Act, means a law of another State that provides generally for the same matter as this Act or the provision. declared provision means— a provision of this Act or a corresponding law to this Act; or a provision of the code of conduct declared by regulation to be a provision to which this part applies; or the Industrial Relations Act 2016 , section 400 (1) or (2) or a corresponding law to the Industrial Relations Act 2016 , section 400 (1) or (2) . offence of a sexual nature means an offence defined in the Criminal Code, section 210 , 213 , 215 , 216 , 217 , 218 , 218A , 218B , 219 , 221 , 227 , 228 , 229B , 323A , 323B or 363A or chapter 32 . serious offence means— offences involving the following for which the maximum penalty is at least 3 years imprisonment— stealing, fraud, receiving or other dishonesty; unlawful trafficking of drugs; unlawful use or threatened use of violence; extortion; arson; unlawful stalking, intimidation, harassment or abuse; or an offence of a sexual nature; or an offence of attempting or conspiring to commit an offence mentioned in paragraph (a) or (b) ; or an offence committed in another State that, if committed in Queensland, would be an offence mentioned in paragraph (a) , (b) or (c) . s 39 amd 2008 No. 55 s 150 sch ; 2013 No. 14 s 54 sch ; 2016 No. 50 s 40 sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2023 No. 1 s 97 s ch 1 pt 2 (sec.39-ssec.1) The court may grant an injunction if the court is satisfied that a private employment agent— has engaged, or is proposing to engage, in conduct that constitutes or would constitute— a contravention of a declared provision; or attempting to contravene a declared provision; or aiding, abetting, counselling or procuring a person to contravene a declared provision; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene a declared provision; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a declared provision; or conspiring with others to contravene a declared provision; or has been convicted of a contravention of a declared provision or convicted of a serious offence or has, as an executive officer, a person who has been convicted of a contravention of a declared provision or has been convicted of a serious offence; or has knowingly employed, or continued to employ, a person who has been convicted of— a contravention of a declared provision; or a serious offence; in relation to an activity performed for the private employment agency that it is inappropriate for the person to perform, having regard to the nature of the contravention or serious offence; or has not paid a person an amount the private employment agent is required to pay under an order made under the Industrial Relations Act 2016 , section 401 , 402 , 404 or 405 or a corresponding law to the section. (sec.39-ssec.2) However, the court may grant the injunction only if the court is satisfied that having regard to the nature of the conduct complained of and, if the conduct complained of is a contravention of a declared provision or is a serious offence, the circumstances of the contravention or offence— the conduct complained of should be restrained; or the person is not an appropriate person to act as a private employment agent. (sec.39-ssec.3) In this section— convicted , of a contravention of a declared provision or of a serious offence, means being found guilty of a contravention of a declared provision or of a serious offence, on a plea of guilty or otherwise, whether or not— a conviction was recorded; or the finding of guilt was before or after the commencement of this section; or for a finding that an employee or executive officer was guilty of a contravention of a declared provision or of a serious offence—the finding was before the employee or executive officer became an employee or executive officer. corresponding law , to this Act or a provision of the Industrial Relations Act 2016 mentioned in this Act, means a law of another State that provides generally for the same matter as this Act or the provision. declared provision means— a provision of this Act or a corresponding law to this Act; or a provision of the code of conduct declared by regulation to be a provision to which this part applies; or the Industrial Relations Act 2016 , section 400 (1) or (2) or a corresponding law to the Industrial Relations Act 2016 , section 400 (1) or (2) . offence of a sexual nature means an offence defined in the Criminal Code, section 210 , 213 , 215 , 216 , 217 , 218 , 218A , 218B , 219 , 221 , 227 , 228 , 229B , 323A , 323B or 363A or chapter 32 . serious offence means— offences involving the following for which the maximum penalty is at least 3 years imprisonment— stealing, fraud, receiving or other dishonesty; unlawful trafficking of drugs; unlawful use or threatened use of violence; extortion; arson; unlawful stalking, intimidation, harassment or abuse; or an offence of a sexual nature; or an offence of attempting or conspiring to commit an offence mentioned in paragraph (a) or (b) ; or an offence committed in another State that, if committed in Queensland, would be an offence mentioned in paragraph (a) , (b) or (c) .