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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 316B

Infringement officers

Appointment

  (1)   The General Manager may, in writing, appoint a member of the staff of the FWC as an infringement officer for the purposes of this Part.

  (2)   The General Manager must not appoint a person as an infringement officer unless the General Manager is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer.

  (3)   The functions and powers conferred on an infringement officer by Part   5 of the Regulatory Powers Act are subject to such conditions and restrictions as are specified in the infringement officer's instrument of appointment.

General directions by the General Manager

  (4)   The General Manager may, by legislative instrument, give a written direction to infringement officers relating to the performance of their functions or the exercise of their powers as infringement officers .

  (5)   A direction given under subsection   (4) must be of a general nature only, and cannot relate to a particular case.

  (6)   An infringement officer must comply with a direction given under subsection   (4).

Particular directions by the General Manager

  (7)   The General Manager may give a direction to an infringement officer relating to the performance of the infringement officer's functions or the exercise of the infringement officer's powers as an infringement officer.

  (8)   The infringement officer must comply with a direction given to the infringement officer under subsection   (7).

  (9)   If a direction given under subsection   (7) is in writing, the direction is not a legislative instrument.

 



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