Part 1 Preliminary
1 Name of Regulation
This Regulation is the Employment Agents Regulation 2001.
2 Commencement
This Regulation commences on 1 September 2001.Note—This Regulation replaces the Employment Agents Regulation 1996 which is repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
In this Regulation:the Act means the Employment Agents Act 1996.
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Part 2 Fees
5 Application for licence as private employment agent
For the purposes of section 7 (1) (c) of the Act, the fee that must accompany an application for a licence is $109.cll 5: Am 22.2.2002.
6 Annual licence fee
For the purposes of section 11 (2) (b) of the Act, the fee to be paid for the continuation of a licence is $109.cll 6: Am 22.2.2002.
Part 3 Penalty notice offences
7 Penalty notices
For the purposes of section 29 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 1 is declared to be a penalty notice offence, and(b) the prescribed penalty for such an offence is the amount specified in Column 4 of Schedule 1.
8 Short description of offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is:(a) if one or more IPB codes are set out in relation to the offence in Column 2 of Schedule 1, any of those IPB codes together with:(i) the text set out in relation to the offence in Column 3 of Schedule 1, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or(b) if no IPB code is set out in relation to the offence in Column 2 of Schedule 1:(i) the text set out in relation to the offence in Column 3 of Schedule 1, or(ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used and any such document continues to have effect as if that expression had not been amended or repealed.(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.(5) In this clause:Infringement Processing Bureau means the Infringement Processing Bureau within the Police Service.IPB Code, in relation to an offence, means the code allocated to the offence by the Infringement Processing Bureau.
Part 4 Miscellaneous
9 Savings provision
Any act, matter or thing that had effect under the Employment Agents Regulation 1996 immediately before the repeal of that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
(Clauses 7 and 8)
Column 1 | Column 2 | Column 3 | Column 4 |
Provision | IPB Code | Short Description | Penalty |
Section 12 (1) | 9436 | not give DG information within time allowed | $200 |
Section 12 (3) | 9437 | fail to surrender licence for cancellation/amendment | $200 |
Section 14 (6) | 9438 | fail to deliver cancelled licence to DG | $200 |
Section 21 (1) (a) | 8629 | not keep register of required particulars about applications | $100 |
Section 21 (1) (b) | 8630 | not keep register of required particulars about engagements | $100 |
Section 21 (1) (c) | 8631 | not retain original letters | $100 |
Section 21 (2) | 8632 | not keep register in approved form | $100 |
Section 21 (3) | 8633 | not keep register for required time | $100 |
Section 21 (4) (a) | 8634 | not allow inspection/copy of/extract from register | $100 |
Section 21 (4) (b) | 8645 | not give inspector information within time allowed | $100 |