Australian Capital Territory Numbered Acts

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LABOUR HIRE LICENSING ACT 2020 (NO. 21 OF 2020) - SECT 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).



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