Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:25h
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 25H
Character Range: 141025–142348

25H  Modifications—temporary staff
 (1) For the purposes of paragraphs 110(1)(c) and 164(d) of the Act, this regulation applies in relation to a person if:
 (a) the person's services are used by a licensee or registered person for a period of not more than 24 months (including any extension or rollover of a contract of engagement); and
 (b) the person performs substantially the same duties as an employee of the licensee or registered person; and
 (c) the person is subject to the same, or substantially the same, control and direction as an employee when the person is engaging in credit activities; and
 (d) the person was not engaged because the person possesses particular skills or experience that would prevent the licensee or registered person from exercising the control and supervision over the person, when the person is engaging in credit activities, that the licensee or registered person can exercise over its employees; and
 (e) the person is not remunerated predominantly by way of indirect remuneration; and
 (f) the licensee or registered person does not hold out or represent to consumers that the person is acting other than as an employee.
 (2) The provisions of the Act to which Part 2‑6 and Part 3‑7 of the Act apply apply as if paragraph 65(6)(c) and sections 71 and 158 of the Act were omitted.