Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

by leave—It would be better if I move them. I move government amendments (1) and (2) on sheet PV374:

(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).

(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.

These amendments would clarify when a permit holder would be considered to have misused rights conferred on them by the right of entry part. The amendments would make it clear that permit holders who seek to enter premises for investigation purposes without reasonable suspicion that a breach of the act or a Fair Work instrument is occurring would be liable to be penalised under the provisions of the bill prohibiting the misrepresentation. An inspector or a person affected by the misrepresentation would be able to bring proceedings in the Federal Court or the Federal Magistrates Court seeking penalties against a permit holder of up to $6,600 for an individual person or up to $33,000 for a permit holder’s union. These amendments would also clarify that an official who repeatedly exercised his entry rights with the intention or effect of hindering or obstructing or harassing an occupier or employer would be taken to have misused the right conferred on them by the right of entry part.

There are serious repercussions under clause 508 of the bill for officials, and their unions, who misuse their rights. If satisfied that a misuse has occurred FWA may restrict the right of an official or an entire union by imposing conditions on entry permits, revoking or suspending entry permits or making any other order it thinks fit. The government considers that both amendments clarify the existing right of entry provisions and we commend the amendments to the Senate.