South Australian Consolidated Acts South Australian Consolidated Acts21—Responsibilities to employers
(1) Subject to this
section, an employment agent must not demand or receive any fee from a person
in respect of seeking or obtaining another to work for the person
unless—
(a) the
worker (or prospective worker) has made contact with the person about that
employment; or
(b) the
fee is payable pursuant to a written agreement between the person and the
employment agent.
(2)
Subsection (1) does not—
(a)
prevent an employment agent requiring a person to pay a deposit before the
employment agent begins the search for a worker but, if such a deposit is
paid, the deposit must be held by the employment agent until—
(i)
a fee becomes chargeable under subsection (1); or
(ii)
the person ceases to be listed with the employment agent
as a person who is seeking a worker—in which case the deposit must be
applied towards any fee payable by the person to the employment agent, or
otherwise paid in accordance with a written agreement between the person and
the employment agent; or
(iii)
the employment agent and the person agree on the
repayment of the deposit; or
(b)
prevent any payment of a kind authorised by the regulations.
(3) An employment
agent must not charge an employer a fee which exceeds the rate of payment set
out in the scale of fees displayed at the agent's registered premises and
applicable to the particular case.
(4) If a preceding
provision of this section is not observed, the employment agent is guilty of
an offence.
Penalty: Division 6 fine.