21AEmploying unlicensed person

21A Employing unlicensed person

[Section 21A Inserted by No. 58 of 2005, s. 19, Applied:01 Jan 2006]

(1)  [Section 21A Subsection (1) amended by No. 39 of 2010, s. 23, Applied:01 Jul 2011] A person must not –

(a) [Section 21A Subsection (1) amended by No. 39 of 2010, s. 23, Applied:01 Jul 2011] employ or engage another person to undertake any of the following activities:

(i) commercial agent activities or commercial employee activities;

(ii) crowd control agent activities or crowd control employee activities;

(iii) security agent activities or security employee activities;

(iv) inquiry agent activities; or

(b) [Section 21A Subsection (1) amended by No. 39 of 2010, s. 23, Applied:01 Jul 2011] direct another person to undertake any such activities –

unless that other person holds a licence authorising the undertaking of those activities.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; and

(b) a natural person, a fine not exceeding 200 penalty units.

(2)  It is a defence to a charge of an offence under subsection (1)(a) for the person to show that he or she sighted the identity card of the other person before employing or engaging him or her to undertake the activity for which the licence was required.

(3)  It is a defence to a charge of an offence under subsection (1)(b) for the person to show that he or she reasonably believed that the other person held the relevant licence.