FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 510 When FWA must revoke or suspend entry permits

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 510

When FWA must revoke or suspend entry permits

             (1)  FWA must, under this subsection, revoke or suspend each entry permit held by a permit holder if it is satisfied that any of the following has happened since the first of those permits was issued:

                     ( a)  the permit holder was found, in proceedings under this Act, to have contravened subsection 503(1) (which deals with misrepresentations about things authorised by this Part);

                     (b)  the permit holder has contravened section 504 (which deals with unauthorised use or disclosure of information or documents);

                     (c)  the Privacy Commissioner has, under paragraph 52(1)(b) of the Privacy Act 1988 , found substantiated a complaint relating to action taken by the permit holder in relation to information or documents obtained under section 482, 483, 483B, 483C, 483D or 483E;

                     (d)  the permit holder, or another person, was ordered to pay a pecuniary penalty under this Act in relation to a contravention of this Part by the permit holder;

                     (e)  a court, or other person or body, under a State or Territory industrial law:

                              (i)  cancelled or suspended a right of entry for industrial purposes that the permit holder had under that law; or

                             (ii)  disqualified the permit holder from exercising, or applying for, a right of entry for industrial purposes under that law;

                      (f)  the permit holder has, in exercising a right of entry under a State or Territory OHS law, taken action that was not authorised by that law.

             (2)  Despite subsection (1), FWA is not required to suspend or revoke an entry permit under paragraph (1)(d) or (f) if FWA is satisfied that the suspension or revocation would be harsh or unreasonable in the circumstances.

             (3)  Subsection (1) does not apply in relation to a circumstance referred to in a paragraph of that subsection if FWA took the circumstance into account when taking action under that subsection on a previous occasion.

Minimum suspension period

             (4)  A suspension under subsection (1) must be for a period that is at least as long as the period (the minimum suspension period ) specified in whichever of the following paragraphs applies:

                     (a)  if FWA has not previously taken action under subsection (1) against the permit holder--3 months;

                     (b)  if FWA has taken action under subsection (1) against the permit holder on only one occasion--12 months;

                     (c)  if FWA has taken action under subsection (1) against the permit holder on more than one occasion--5 years.

Banning issue of future entry permits

             (5)  If FWA takes action under subsection (1), it must also ban the issue of any further entry permit to the permit holder for a specified period (the ban period ).

             (6)  The ban period must:

                     (a)  begin when the action is taken under subsection (1); and

                     (b)  be no shorter than the minimum suspension period.