Western Australian Numbered Acts Western Australian Numbered Acts After section 34
insert:
Division 3 — Authorised representative’s right of
entry to conduct investigation
In this
Division —
authorised representative means a person to whom
an authority is issued under section 34B(2);
occupier , of a workplace, includes a person in
charge of the workplace;
officer has the meaning given in the IR Act
section 7;
organisation has the meaning given in the IR Act
section 7.
34B. Authorised representative
(1) The secretary of
an organisation that is a transport association may apply to the Registrar for
a person nominated in the application to be issued with an authority for the
purposes of this Division.
(2) Subject to
subsection (3), the Registrar to whom an application is made under
subsection (1) must issue a written authority for the purposes of this
Division to the person nominated in the application.
(3) The Registrar must
not issue an authority unless the person nominated in the
application —
(a) is
an officer or employee of the organisation that makes the application under
subsection (1); and
(b) is
the holder of —
(i)
an authority issued under the IR Act section 49J(1)
that was applied for by the secretary of the organisation that makes the
application under subsection (1); or
(ii)
an entry permit issued under the Fair Work Act 2009
(Commonwealth) section 512 that was applied for by the organisation that
makes the application under subsection (1);
and
(c) has
not previously been issued with an authority that was revoked by the Tribunal
under section 34D(3) unless the Tribunal, on application by any person,
has ordered that a new authority may be issued.
(4) Despite
section 43, the IR Act section 49 does not apply to a decision of
the Tribunal under subsection (3)(c) that a new authority may be issued.
(5) An authority
issued under subsection (2) remains in force until it is revoked or
suspended.
34C. Authorised representative who ceases to hold
authority or entry permit
(1) An authorised
representative must, within 28 days after ceasing to hold an authority or
permit referred to in section 34B(3)(b), inform the Registrar that they
no longer hold the authority or permit.
(2) A contravention of
subsection (1) is not an offence but that subsection is a civil penalty
provision for the purposes of the IR Act section 83E.
34D. Revocation or suspension of authority
(1) Subject to
subsection (2), the Registrar must revoke an authorised
representative’s authority —
(a) on
application by the secretary of the organisation that made the application
under section 34B(1); or
(b) if
the Registrar becomes aware that the authorised representative no longer
holds —
(i)
an authority issued under the IR Act section 49J(1);
or
(ii)
an entry permit issued under the Fair Work Act 2009
(Commonwealth) section 512.
(2) The Registrar must
not revoke an authority under subsection (1) if proceedings pursuant to
an application made under subsection (3) in relation to the authority are
pending or in progress.
(3) The Tribunal may,
on application by any person, revoke, or suspend for a period determined by
the Tribunal, an authority issued under section 34B(2) if satisfied that
the authorised representative —
(a) has
acted in an improper manner in the exercise of any power conferred by this
Division; or
(b) has
intentionally and unduly hindered a hirer or owner-driver during their work
time; or
(c) no
longer holds —
(i)
an authority issued under the IR Act section 49J(1);
or
(ii)
an entry permit issued under the Fair Work Act 2009
(Commonwealth) section 512.
(4) An application
under subsection (3) for the revocation or suspension of an authority
must set out the grounds on which the application is made.
(5) An authorised
representative whose authority is revoked must, within 14 days after
being informed in writing by the Registrar that their authority is revoked,
return their written authority to the Registrar.
(6) A contravention of
subsection (5) is not an offence but that subsection is a civil penalty
provision for the purposes of the IR Act section 83E.
34E. Written authority of owner-driver required
An authorised
representative is not entitled to exercise a power conferred by this Division
for the purpose of conducting an investigation into a suspected breach of an
owner-driver contract to which the owner-driver is a party unless the
representative is authorised in writing by the owner-driver who is a party to
the contract to carry out the investigation.