180   Issue of permit

             (1)  A union may apply to the Industrial Registrar for the issue of a permit to an official of the union. The application must be in writing.

             (2)  The Industrial Registrar may issue a permit to the official named in the application.

             (3)  The permit:

                     (a)  must include any conditions that are imposed by the Industrial Registrar under section 181; and

                     (b)  must include any conditions that are applicable under section 185 at the time of issue.

             (4)  The regulations may make provision in relation to the following matters:

                     (a)  the form of an application for a permit;

                     (b)  the declarations and other documents that must accompany the application;

                     (c)  verification, by statutory declaration, of those documents;

                     (d)  the form of a permit.

Note:          Under the Criminal Code and the Statutory Declarations Act 1959 , penalties apply to false statements etc.

181   Imposition of permit conditions at time of issue

             (1)  At the time of issuing a permit, the Industrial Registrar may impose conditions that limit the circumstances in which the permit has effect.

Note:          For example, the conditions could limit the premises to which the permit applies or the time of day when the permit operates.

             (2)  In deciding whether to impose conditions, the Industrial Registrar must have regard to the matters specified in subsection 182(2).

182   Permit not to be issued in certain cases

Official not a fit and proper person

             (1)  The Industrial Registrar must not issue a permit to an official unless the Industrial Registrar is satisfied that the official is a fit and proper person to hold the permit.

             (2)  For the purposes of subsection (1), the Industrial Registrar must have regard to the following matters:

                     (a)  whether the official has received appropriate training about the rights and responsibilities of a permit holder;

                     (b)  whether the official has ever been convicted of an offence against an industrial law;

                     (c)  whether the official has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country, involving:

                              (i)  entry onto premises; or

                             (ii)  fraud or dishonesty; or

                            (iii)  intentional use of violence against another person or intentional damage or destruction of property;

                     (d)  whether the official, or any other person, has ever been ordered to pay a penalty under this Act or any other industrial law in respect of conduct of the official;

                     (e)  whether any permit issued to the official under this Chapter, or under the Workplace Relations Act, has been revoked or suspended or made subject to conditions;

                      (f)  whether a court, or other person or body, under a State industrial law, has cancelled, suspended or imposed conditions on a right of entry for industrial purposes that the official had under that law;

                     (g)  whether a court, or other person or body, under a State industrial law, has disqualified the official from exercising, or applying for, a right of entry for industrial purposes under that law;

                     (h)  any other matters that the Industrial Registrar considers relevant.

Banning order or disqualification applies under this Chapter

             (3)  The Industrial Registrar must not issue a permit to an official:

                     (a)  during a disqualification period specified by the Industrial Registrar under section 184; or

                     (b)  if the issue is prevented by an AIRC order under section 185 or 209.

Disqualification etc. applies under State industrial law

             (4)  The Industrial Registrar must not issue a permit to an official at a time when:

                     (a)  a suspension, imposed by a court or other person or body, applies under a State industrial law to a right of entry for industrial purposes that the official has under that law; or

                     (b)  a disqualification, imposed by a court or other person or body, prevents the official from exercising, or applying for, a right of entry for industrial purposes under a State industrial law.