Labour Hire Licensing Act 2017

Subject to this section, a person may apply to the Commissioner for a licence authorising the provision of labour hire services by the person.

An application under subsection (1) must—

be in a form approved by the Commissioner; and

specify the names of the person or persons nominated to be responsible persons for the purposes of the licence; and

include the information required by the Commissioner to determine the application; and

be accompanied by the prescribed fee.

The Commissioner must cause notice of each application for a licence made under this section to be published on a website determined by the

Commissioner.

The following persons are not eligible, for the periods specified, to apply for a licence—

a person who was the holder of a licence that was cancelled under section 23, for a period of 2 years from the date of the cancellation;

a related body corporate of a person referred to in paragraph (a), for a period of 2 years from the date of the cancellation referred to in that paragraph;

a person who has had an application under this section refused, for a period of 3 months from—

the date of notification of the refusal of the application;

or

if the person appeals against the decision to refuse the application, the date when the appeal is finally determined.

Subsection (4) does not apply in relation to a body corporate that has been the holder of a licence that was cancelled or that has had an application for a licence refused, or a related body corporate of such a body corporate, if the Commissioner is satisfied that, because of a genuine sale occurring after the cancellation or refusal—

no person who was a shareholder of, or held a beneficial interest in, the body corporate when the cancellation or the refused application was made, is a shareholder of, or holds a beneficial interest in, the body corporate; and

no person who was in a position to control or influence the affairs of the body corporate when the cancellation or refused application was made is in a position to control or influence the affairs of the body corporate.

In this section—

related body corporate has the same meaning as in section 9 of the Corporations

Act 2001 of the

Commonwealth.