Commonwealth Consolidated Acts

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Entry to investigate suspected contravention

  (1)   A permit holder may enter premises and exercise a right under section   482 or 483 for the purpose of investigating a suspected contravention of this Act, or a term of a fair work instrument, that relates to, or affects, a member of the permit holder's organisation:

  (a)   whose industrial interests the organisation is entitled to represent; and

  (b)   who performs work on the premises.

Note 1:   Particulars of the suspected contravention must be specified in an entry notice or exemption certificate (see subsections   518(2) and 519(2)).

Note 2:   The FWC may issue an affected member certificate if it is satisfied that a member referred to in this subsection is on the premises (see subsection   520(1)).

Note 3:   A permit holder, or the organisation to which the permit holder belongs, may be subject to an order by the FWC under section   508 if rights under this Subdivision are misused.

Note 4:   A person must not refuse or unduly delay entry by a permit holder, or intentionally hinder or obstruct a permit holder, exercising rights under this Subdivision (see sections   501 and 502).

  (2)   The fair work instrument must apply or have applied to the member.

  (3)   The permit holder must reasonably suspect that the contravention has occurred, or is occurring. The burden of proving that the suspicion is reasonable lies on the person asserting that fact.

Note:   A permit holder who seeks to exercise rights under this Part without reasonably suspecting that a contravention has occurred, or is occurring, is liable to be penalised under subsection   503(1) (which deals with misrepresentations about things authorised by this Part).

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