Employment Agents Registration Act 1993

Subject to this section, an employment agent must not demand or receive any fee from a person in respect of seeking or obtaining another to work for the person unless—

the worker (or prospective worker) has made contact with the person about that employment; or

the fee is payable pursuant to a written agreement between the person and the employment agent.

Subsection (1) does not—

prevent an employment agent requiring a person to pay a deposit before the employment agent begins the search for a worker but, if such a deposit is paid, the deposit must be held by the employment agent until—

a fee becomes chargeable under subsection (1); or

the person ceases to be listed with the employment agent as a person who is seeking a worker—in which case the deposit must be applied towards any fee payable by the person to the employment agent, or otherwise paid in accordance with a written agreement between the person and the employment agent; or

the employment agent and the person agree on the repayment of the deposit; or

prevent any payment of a kind authorised by the regulations.

An employment agent must not charge an employer a fee which exceeds the rate of payment set out in the scale of fees displayed at the agent's registered premises and applicable to the particular case.

If a preceding provision of this section is not observed, the employment agent is guilty of an offence. Maximum penalty: Penalty: Division 6 fine.