Western Australian Numbered Acts

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INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 2024 (NO. 43 OF 2024) - SECT 26

26 .         Section 49G replaced

                Delete section 49G and insert:


49G.         Terms used

        (1)         In this Division —

        authorised representative , of an organisation of employees, means an officer or employee of the organisation who holds a right of entry permit;

        conviction  —

            (a)         means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded; and

            (b)         includes —

                  (i)         a spent conviction as defined in the Spent Convictions Act 1988 section 3(1), regardless of sections 13 and 25 to 27 of that Act; and

                  (ii)         a conviction against a law of another jurisdiction if, under a law of that jurisdiction, the person concerned is permitted not to disclose the fact that the person was convicted or found guilty of the offence;

        expiry day , of a right of entry permit, has the meaning given in section 49Q(3);

        federal counterpart , in relation to an organisation, means a federal organisation that is —

            (a)         a federal counterpart (as defined in the FW (Registered Organisations) Act section 9A) of the organisation; or

            (b)         prescribed to be a federal counterpart of the organisation by regulations made by the Governor;

        fit and proper person criteria has the meaning given in section 49P(2);

        industrial law means the following —

            (a)         this Act, the LSL Act and the MCE Act;

            (b)         the FW Act and the FW (Registered Organisations) Act;

            (c)         another law of the Commonwealth, or a law of another State or a Territory, prescribed to be an industrial law by regulations made by the Governor;

        nominated official , in relation to an application under section 49N(1), has the meaning given in section 49N(3);

        relevant employee , when used in connection with the exercise of a power by an authorised representative of an organisation, means an employee who is a member of the organisation or who is eligible to become a member of the organisation;

        right of entry permit means a permit issued by the Commission under Subdivision 3;

        work health and safety law means —

            (a)         the Work Health and Safety Act 2020 ; or

            (b)         a law of the Commonwealth, another State or a Territory prescribed to be a work health and safety law by regulations made by the Governor.

        (2)         In this Division, a reference to an officer or employee of an organisation includes a reference to an officer or employee of a federal counterpart of the organisation.




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