Labour Hire Licensing Act 2017

Without limiting the matters to which the Commissioner may have regard in determining whether a person is a fit and proper person to be the holder of a licence, a fit and proper person to be a responsible person or a fit and proper person to be the director of a body corporate that is the holder of a licence, the Commissioner may have regard to the following matters:

the person's character including, for example, the person's honesty, integrity and professionalism;

whether the person has previously held a licence under this Act or a corresponding law and whether such a licence lapsed or was suspended or cancelled;

demonstrated compliance by the person with relevant laws;

information provided to the Commissioner by the Commissioner of

Police under section 32;

in the case of a natural person—

whether the person has sufficient business knowledge, experience and skills for the purpose of properly carrying on business under the licence;

and

whether the person has previously been the director of a body corporate that has previously held a licence under this Act or a corresponding law and whether such a licence was suspended or cancelled;

in the case of a body corporate—

whether the directors of the body corporate together have sufficient business knowledge and experience for the purpose of properly directing the business carried on under the licence; and

whether the body corporate is being wound up or is under official management or in receivership.

A person is not a fit and proper person to be the holder of a licence if—

the person has been found guilty or convicted of an offence, or an offence of a class, prescribed by the regulations; or

in the case of a natural person, the person—

is a member of, or a participant in, a prescribed organisation;

or

is a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the

Serious and Organised Crime (Control)

Act 2008; or

is an insolvent under administration within the meaning of the

Corporations

Act 2001 of the Commonwealth; or

has, during the period of 5 years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—

when the body was being so wound up; or

within the period of 6 months preceding the commencement of the winding up; or

in the case of a body corporate—

the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or

the body corporate is a prescribed organisation.

A person is not a fit and proper person to be the director of a body corporate that is the holder of a licence if the person—

has been found guilty or convicted of an offence, or an offence of a class, prescribed by the regulations; or

is a member of, or a participant in, a prescribed organisation;

or

is a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the

Serious and Organised Crime (Control)

Act 2008; or

is an insolvent under administration within the meaning of the

Corporations

Act 2001 of the Commonwealth; or

has, during the period of 5 years preceding the application for the licence, been a director of a body corporate that has been wound up for the benefit of creditors—

when the body was being so wound up; or

within the period of 6 months preceding the commencement of the winding up.

A person is not a fit and proper person to be a responsible person if the person—

has been found guilty or convicted of an offence, or an offence of a class, prescribed by the regulations; or

is a member of, or a participant in, a prescribed organisation;

or

is a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the

Serious and Organised Crime (Control)

Act 2008.

In this section—

close associate—see subsection (6);

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

member, of an organisation, includes an associate member or a prospective member, however described;

participant, in a prescribed organisation, means—

if the organisation is a body corporate—a director or officer of the body corporate; or

a person who (whether by words or conduct, or in any other way) asserts, declares or advertises their membership of, or association with, the organisation; or

a person who (whether by words or conduct, or in any other way) seeks to be a member of, or to be associated with, the organisation;

or

a person who attends more than 1 meeting or gathering of persons who participate in the affairs of the organisation in any way; or

a person who takes part in the affairs of the organisation in any other way, but does not include a lawyer acting in a professional capacity;

prescribed organisation—the following are prescribed organisations:

a criminal organisation within the meaning of Division 1 or

Division 2 of Part 3B of the Criminal Law Consolidation

Act 1935;

any other organisation prescribed by the regulations for the purposes of this definition.

For the purposes of this section, 2 persons are close associates if—

1 is a spouse, domestic partner, parent, brother, sister or child of the other; or

they are members of the same household; or

they are in partnership; or

they are related bodies corporate; or

1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or

1 is in a position to exercise control or significant influence over the conduct of the other.

For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person.