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 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;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
spouse—a person is the spouse of another if they are legally married.
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 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, domestic partner, 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	$12.40	
2	Application for the renewal of a licence under section 9	$12.40	
3	Late application fee under section 9	$12.40	

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Revocation of regulations
The Employment Agents Registration Regulations 1995 were revoked by Sch 3 of the Employment Agents Registration Regulations 2010 on 1.9.2010.
Principal regulations and variations
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	
2007	51	Gazette 26.4.2007 p1410	1.6.2007: r 2	
2007	113	Gazette 7.6.2007 p2448	1.7.2007: r 2	
2008	98	Gazette 5.6.2008 p2049	1.7.2008: r 2	
2009	147	Gazette 4.6.2009 p2634	1.7.2009: r 2	
2010	111	Gazette 10.6.2010 p2904	1.7.2010: r 2	
Provisions varied
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	
r 3			
domestic partner	inserted by 51/2007 r 15	1.6.2007	
spouse	inserted by 51/2007 r 15	1.6.2007	
r 6			
r 6(2)	varied by 51/2007 r 16	1.6.2007	
Schs 1—3	headings varied by 147/2003 Sch 1	12.6.2003	
Sch 4	varied by 88/2005 r 4	1.7.2005	
	substituted by 92/2006 r 4	1.7.2006	
	substituted by 113/2007 r 4	1.7.2007	
	substituted by 98/2008 r 4	1.7.2008	
	substituted by 147/2009 r 4	1.7.2009	
	substituted by 111/2010 r 4	1.7.2010	
Historical versions
1.7.2005		
1.7.2006		
1.6.2007		
1.7.2007		
1.7.2008		
1.7.2009