Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

by leave—I move opposition amendments (24) to (26) on sheet 5739:

(24)  Clause 482, page 393 (after line 6), at the end of subclause (1), add:

             (d)    paragraph (c) does not apply in relation to any record or document pertaining to any person who is not a member of the permit holder’s organisation, unless:

                   (i)    the person provides consent in writing to the occupier or affected employer; or

                  (ii)    the permit holder has obtained an order pursuant to paragraph 483A(1)(a).

(25) Clause 483, page 393 (after line 28), after subclause (1), insert:

        (2)    Subclause (1) does not apply in relation to any record or document pertaining to any person who is not a member of the permit holder’s organisation, unless:

             (a)    the person provides consent in writing to the affected employer; or

             (b)    the permit holder has obtained an order pursuant to paragraph 483A(1)(b).

(26) Page 394 (after line 17), at the end of Subdivision A, add:

483A Application to FWA for access to non-member records

        (1)    The permit holder may, for the purposes of investigating the suspected contravention, apply to FWA for either or both of the following orders:

             (a)    an order to allow the permit holder to enter the premises and to inspect, and make copies of, any record or document pertaining to a person who is not a member of the permit holder’s organisation that is relevant to the suspected contravention;

             (b)    an order to require an affected employer to produce, or provide access to, such records for inspection.

        (2)    FWA may make such an order if it is satisfied that the order is necessary to the investigation of the suspected breach. Before doing so, FWA must have regard to the conditions (if any) that apply to the permit holder’s permit.

        (3)    An application for an order under this section:

             (a)    must be in accordance with the regulations; and

             (b)    must set out the grounds on which the application is made.

Question negatived.