South Australian Consolidated Acts South Australian Consolidated Acts (1) An application for
a licence must—
(a) be
made to the Director; and
(b) be
in writing in a form approved by the Minister; and
(c) be
accompanied by at least two character references—
(i)
which are supplied by persons who are not disqualified
under the regulations; and
(ii)
which comply with the requirements prescribed by the
regulations; and
(d) be
accompanied by the prescribed fee.
(2) An applicant for a
licence must furnish the Director with such further information (verified, if
the Director so requires, by statutory declaration) as the Director may
require.
(3) Where an applicant
is a body corporate, the applicant must furnish the Director with the name of
a natural person who is a resident of the State and is to act as the manager
of the business that is to be conducted in pursuance of the licence, and with
such other information relating to that person as the regulations may require.
(4) An applicant for a
licence must cause the application to be advertised in the prescribed manner.
(5) Any person may,
within 10 days from the date on which an application is advertised pursuant to
subsection (4), lodge with the Director a written objection to the
application setting out the grounds of objection (which grounds must be
relevant to the matters set out in subsection (11)).
(6) The Director may,
on the application of an interested person, in his or her absolute discretion
and subject to such conditions as the Director thinks fit, extend the period
for lodging objections.
(7) Where—
(a) an
objection is lodged under subsection (5); or
(b) the
Director does not propose to grant an application on the basis of documentary
material alone,
the Director will conduct a hearing of the application after giving the
applicant and any objector at least seven days notice of the date of the
hearing.
(8) The regulations
may specify the time within which the Director should decide an application
for a licence (subject to the qualification that that time will be extended by
such time as the applicant may take to furnish any information under
subsection (2) and by such time (if any) as may be allowed on an
extension of the period referred to in subsection (6)).
(9) If the Director
does not decide an application within the prescribed time, the applicant may,
by notice in writing served on the Director, require the Director to determine
the application within a period (being a period of not less than one month)
specified by the applicant in the notice.
(10) The Director is
taken to have refused an application that is not decided within the period
specified under subsection (9).
(11) The Director
must, subject to this Act, grant a licence to an applicant if satisfied—
(a)
that—
(i)
in the case of an applicant who is a natural
person—
(A) the applicant is a fit and proper
person to hold a licence; and
(B) the applicant, or a person employed by
the applicant to act as the manager of the business that is to be conducted in
pursuance of the licence, has sufficient knowledge and experience for the
purpose of properly operating or managing the business of an employment agent;
(ii)
in the case of an applicant which is a body
corporate—
(A) every person who is, in the opinion of
the Director, in a position to control or influence substantially the affairs
of the body corporate is a fit and proper person to exercise such control or
influence in respect of a body corporate that is the holder of a licence; and
(B) the person nominated by the applicant
to act as the manager of the business that is to be conducted in pursuance of
the licence has sufficient knowledge and experience for the purpose of
properly managing the business of an employment agent; and
(b) that
the applicant has made suitable arrangements to fulfil the obligations that
may arise under this Act.
(12) Where the
Director grants a licence, the licence does not come into force until the
prescribed licence fee is paid.
(13) Where the
Director refuses an application for a licence, the Director must notify the
applicant in writing of—
(a) the
refusal; and
(b) the
reasons for the refusal; and
(c) any
appeal rights that the applicant may have under this Act.