s 12 Registration of employment agency personnel
12.—(1) Any licensee must, before permitting or authorising any employment agency personnel to perform any specified employment agency work, apply to the Commissioner for the employment agency personnel to be registered as such. (2) Any application under subsection (1) must be in such form as the Commissioner may require, and be accompanied by the prescribed registration fee. (3) Upon receiving an application under subsection (1), the Commissioner must consider the application and may grant the application or refuse to grant the application. (4) The Commissioner may, before or after granting the application, require the employment agency personnel to be certified as having attended or successfully completed, to the satisfaction of the Commissioner, such courses as the Commissioner may determine. (5) The Commissioner may, in any particular case if he or she thinks fit, grant the application even though the employment agency personnel has not satisfied the requirements of the Commissioner under subsection (4). (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (7) Any person who performs any specified employment agency work when that person knows or ought reasonably to have known that he or she is not registered in accordance with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (8) Where any employment agency personnel of a licensee —(a) has ceased to be engaged by the licensee; or (b) has ceased to perform all specified employment agency work upon the request of the employment agency personnel or the instruction of the licensee, even though the employment agency personnel concerned is still engaged by the licensee, the licensee concerned must, within such time as may be prescribed, apply to the Commissioner, using such form as the Commissioner may require, to deregister the employment agency personnel. (9) Upon receiving an application under subsection (8) —(a) in a case where the application is accompanied by the written consent of the employment agency personnel referred to in that subsection stating that the employment agency personnel wishes to be deregistered, the Commissioner must grant the application for deregistration; or (b) in any other case, the Commissioner may grant or refuse to grant the application for deregistration. (10) The Commissioner may, in any particular case if he or she thinks fit, deregister any employment agency personnel. (11) Any licensee who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (12) A licensee remains liable for any act, omission, neglect or default of a person in relation to any specified employment agency work performed by that person who —(a) has ceased to be engaged by the licensee to perform such work; and (b) continues to be registered as an employment agency personnel of the licensee, unless the licensee has applied to deregister the person in accordance with subsection (8). [12A