2008-2009

The Parliament of the

Commonwealth of Australia

THE SENATE

Fair Work Bill 2008

(Government)

(1)     Clause 481, page 392 (after line 22), at the end of the clause, add:

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).

[right of entry: misuse of entry rights]

(2)     Clause 508, page 406 (lines 18 to 25), omit subclause (4), substitute:

             (4)  Without limiting subsection (1), an official misuses rights exercisable under this Part if:

                     (a)  the official exercises those rights repeatedly with the intention or with the effect of hindering, obstructing or otherwise harassing an occupier or employer; or

                     (b)  in exercising a right under Subdivision B of Division 2 of this Part, the official encourages a person to become a member of an organisation and does so in a way that is unduly disruptive:

                              (i)  because the exercise of the right is excessive in the circumstances; or

                             (ii)  for some other reason.

[right of entry: misuse of entry rights]