Western Australian Numbered Acts Western Australian Numbered Acts At the end of
Part 12 insert:
174A. Lawful directions under applied provisions
(1) In this
section —
applied section , in relation to a numbered
section, means the section of the PSM Act of that number as applied under
section 174;
Industrial Commission means the Commission as
defined in the Industrial Relations Act 1979 section 7(1).
(2) A direction
referred to in applied section 94(2)(b) or (3)(c)(i) is a lawful
order for the purposes of section 161(a) if —
(a) the
direction is given to the employee concerned in accordance with the relevant
regulations referred to in applied section 94; and
(b)
either —
(i)
the direction is upheld by the Industrial Commission on a
referral under applied section 95(2); or
(ii)
the period referred to in applied section 95(3)
expired without the direction being referred.
(3) This section does
not limit the meaning of lawful order in section 161(a).