South Australia
Employment Agents Registration Regulations 1995
under the Employment Agents Registration Act 1993

Contents
1	Short title
3	Interpretation
4	Exemption from Act
5	Exclusion of certain employment contracts
6	Application for a licence
7	Application for renewal of a licence
8	Registered premises—exemption from notification
9	Display of fees
10	Provision of information
11	Fees
Schedule 1—Character reference
Schedule 2—Fee schedule
Schedule 3—Schedule of information to successful applicant
Schedule 4—Fees
Legislative history

1—Short title
These regulations may be cited as the Employment Agents Registration Regulations 1995.
3—Interpretation
In these regulations—
Act means the Employment Agents Registration Act 1993.
4—Exemption from Act
Pursuant to section 30(2)(a) of the Act, an organisation or association involved in the administration of a Group Training Scheme jointly funded by the Commonwealth and State Governments for training purposes is exempt from the Act in a case that involves a trainee under the scheme obtaining employment with an employer who is participating in the scheme.
5—Exclusion of certain employment contracts
The following class of contracts, arrangements or understandings (not being contracts of service) are excluded from the definition of employment contract under section 3 of the Act, namely contracts, arrangements or understandings where the remuneration payable to the person performing the work equals or exceeds $60 000 per annum.
6—Application for a licence
	(1)	Pursuant to section 7(1)(c)(i) of the Act, the following persons are disqualified from giving a character reference for an applicant for a licence:
	(a)	a person who has, within the previous five years, been convicted of an offence—
	(i)	in connection with the promotion, operation or management of a business; or
	(ii)	involving fraud or dishonesty; or
	(b)	a person who is an associate of the applicant.
	(2)	For the purposes of subregulation (1)(b), a person is an associate of an applicant if—
	(a)	they are partners; or
	(b)	they are both involved in the same business; or
	(c)	they are both directors of the same company; or
	(d)	they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or
	(e)	one is a spouse, de facto spouse, parent, grandparent, child or grandchild of the other.
	(3)	Pursuant to section 7(3) of the Act, an applicant that is a body corporate must furnish two character references for the person who is nominated as the manager for the relevant business.
	(4)	A character reference must be in the form set out in Schedule 1, or in a form to similar effect.
	(5)	For the purposes of section 7(4) of the Act, an application for a licence must be advertised at least once in a newspaper circulating generally throughout the State.
	(6)	For the purposes of section 7(8) of the Act, the period of one month is prescribed.
7—Application for renewal of a licence
For the purposes of section 9(2) of the Act, the prescribed number of days is 14.
8—Registered premises—exemption from notification
The following premises are excluded from the operation of sections 16, 17 and 19 of the Act, namely premises:
	(a)	that are located at a place of business of an employer in order to facilitate the employment of people to work at that place; and
	(b)	that are used by the employment agent on a temporary basis only, or that are only staffed by the employment agent on a part-time or casual basis.
9—Display of fees
A notice under section 19(1) of the Act must be in the form set out in Schedule 2, or in a form to similar effect.
10—Provision of information
A statement under section 20(4) of the Act must be in the form set out in Schedule 3, or in a form to similar effect.
11—Fees
The fees set out in Schedule 4 are payable as specified in that Schedule.

Schedule 1—Character reference

Schedule 2—Fee schedule

Schedule 3—Schedule of information to successful applicant

Schedule 4—Fees
The following fees are payable:

1	Application for a licence under section 7	$10.30	
2	Application for the renewal of a licence under section 9	$10.30	
3	Late application fee under section 9	$10.30	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1995	225	Gazette 14.12.1995 p1678	14.12.1995: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2005	88	Gazette 26.5.2005 p1487	1.7.2005: r 2	
2006	92	Gazette 15.6.2006 p1732	1.7.2006: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under the Legislation Revision and Publication Act 2002	1.7.2005	
Schs 1—3	headings varied by 147/2003 Sch 1	12.6.2003	
Sch 4	varied by 88/2005 r 4	1.7.2005