Division 2—When a person is a fit and proper person 22 22 Fit and proper person 22 Division 3—Declarations relating to compliance with legal obligations 23 23 Compliance with legal obligations 23 Division 4—Grant, duration and renewal of licences 25 24 Grant and refusal to grant a licence 25 25 Notification of or refusal to grant a licence 27 26 Licence period 28 27 Licence is not transferable 28 28 Application for renewal of a licence 28 29 Renewal and refusal of application to renew a licence 29 30 Application may be withdrawn 32 31 Authority may require applicant to give further information 32 Division 5—Objections to applications 32 32 Objection to application 32 Division 6—Conditions and notices to comply 34 33 Licence conditions 34 34 Licence condition relating to information that must be provided annually 35 35 Annual licence fee 37 36 Holder of a licence must comply with licence conditions 37 37 Authority may give the holder of a licence a notice to comply 38 Division 7—Variation, suspension and cancellation 38 38 Variation of licence 38 39 Suspension of licence 40 40 Cancellation of licence—general 41 41 Cancellation of licence on request 42 42 Show cause notice before variation or cancellation 42 Division 8—Obligations of holders of licences 43 43 Licence holder to notify of certain changes 43 44 Licence holder to notify of prescribed changes 43 45 Licence holder to take reasonable steps to ensure availability of nominated officers 43 46 Offence not to produce licence 44
ACN has the same meaning as it has in the Corporations Act; Acting Commissioner means an acting Labour Hire Licensing Commissioner appointed under section 59; ARBN has the same meaning as it has in the Corporations Act; Authority means the Labour Hire Licensing Authority established by section 50; civil penalty provision means a provision specified in the table in section 94(2) to be a civil penalty provision; Code of Practice means a Code of Practice made in accordance with Division 5 of Part 7; Commissioner means the Labour Hire Licensing Commissioner appointed under section 55; contractor includes, but is not limited to— outworker within the meaning of the Outworkers (Improved Protection) Act 2003 or the Fair Work Act 2009 of the Commonwealth; and (b) an driver within the meaning of the Owner Drivers and Forestry Contractors Act 2005; embargo notice means a notice issued by an inspector under section 79; fit and proper person has the meaning by section 22; host a person to whom a provider provides labour hire services; inspector means a person appointed under section 64;
Section 94 provides that this section is a civil penalty provision. Part 6 deals with civil penalty provisions. 37 Authority may give the holder of a licence a notice to comply (1) If the Authority believes on reasonable grounds that— holder of a licence is not complying with this Act or the regulations; or are grounds on which the Authority could suspend or cancel the licence— the Authority may give to the holder of the licence a written notice (a notice to comply) requiring the licence holder, within the time specified in the notice, to take such steps as are reasonable in the circumstances to remedy the non-compliance or to remove the grounds on which the licence could be suspended or cancelled. (2) A notice to comply must— in the prescribed form; and that the holder of the licence may apply to VCAT for review of the decision to issue the notice. (3) A person must not contravene a notice to comply. Note Section 94 provides that this subsection is a civil penalty provision. Part 6 deals with civil penalty provisions. Division 7—Variation, suspension and cancellation 38 Variation of licence
7. Section 37(3) (failure to comply with notice to comply) 200 penalty units 800 penalty units 8. Section 43 (failure to notify changes) 40 penalty units 160 penalty units 9. Section 44(1) (failure to notify prescribed changes) 800 penalty units 3200 penalty units 10. Section 45 (failure to ensure availability of nominated officers) 40 penalty units 160 penalty 11. Section 67(1) (failure to make documents available for inspection) 200 penalty units 800 penalty units 12. Section 67(2) (failure to retain certain documents for 6 years) 200 penalty units 800 penalty units 13. Section 86(1) (prohibition of threats, intimidation, etc.) 200 penalty units 800 penalty units 14. Section 86(2) (prohibition of discrimination, etc.) 200 penalty 800 penalty units 95 Persons involved in contravening civil penalty provision (1) A person must not— abet, counsel or procure a contravention of a civil penalty provision; or (by threats, promises or otherwise) a contravention of a civil penalty provision; or