South Australian Consolidated Acts

EMPLOYMENT AGENTS REGISTRATION ACT 1993 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"the Director" means—

            (a)         the person for the time being holding, or acting in, the office of the Chief Executive Officer of the Department of the Minister to whom the administration of this Act is committed; or

            (b)         any other person directed by the Minister to exercise the powers of the Director under this Act;

"employer" means a person by whom a worker is employed under an employment contract, or for whom work is done by a worker under an employment contract;

"employment" means work done under an employment contract;

"employment agent" means a person who, for monetary or other consideration, carries on the business of—

            (a)         procuring workers for persons who desire to employ or engage others in any kind of work; or

            (b)         procuring employment for persons who desire to be employed or engaged by others in any kind of work,

but does not include—

            (c)         a charitable or benevolent organisation which carries on any such activity on a non-profit basis; or

            (d)         an organisation or association of a class excluded from this definition by the regulations;

"employment contract" means—

            (a)         a contract of service under which one person (the worker) is employed by another (the employer); or

            (b)         a contract, arrangement or understanding (not being a contract of service) under which one person (the worker) is engaged by another (the employer) to perform remunerated work for the employer, other than where—

                  (i)         the work is ancillary to—

                        (A)         the supply of goods by the person performing the work; or

                        (B)         the use of goods that are the property of the person performing the work; or

                        (C)         the conveyance of goods by means of a vehicle provided by a person other than the employer; or

                  (ii)         the contract, arrangement or understanding is of a class excluded from this definition by the regulations;

"fee" includes any remuneration, commission or other consideration;

"inspector" means an inspector appointed under the Industrial Relations Act (S.A.) 1972 ;

"licence" means a licence under this Act;

"manager" means a person nominated under this Act to be the manager of a business carried on by an employment agent;

"registered premises" means premises under section 16;

"worker" means a natural person by whom work is performed under an employment contract.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.