WORKPLACE RELATIONS ACT 1996 - SECT 417 Evidence--certificates

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 417

             (1)  The Workplace Authority Director may issue a certificate stating any one or more of the following in relation to one or more workplace agreements:

                     (a)  that a particular person lodged a particular declaration under subsection 344(2), 346X(2), 377(2), 389(2) or 395(1) or (1A) with the Workplace Authority Director on a particular day;

                     (b)  if the certificate states that a declaration was lodged with the Workplace Authority Director as mentioned in paragraph (a)--that a particular document was annexed to the declaration;

                     (c)  that particular declarations lodged with the Workplace Authority Director as mentioned in paragraph (a) in relation to a particular workplace agreement are the only such declarations that were so lodged in relation to that workplace agreement before a particular day;

                     (d)  if the certificate states that particular documents were annexed to declarations lodged with the Workplace Authority Director as mentioned in paragraph (b)--that those documents were the only documents annexed to those declarations;

                     (e)  that the Workplace Authority Director issued a receipt under section 345, 378, 390 or 396 to a particular person on a particular day for such a lodgment;

                      (f)  if the certificate states that particular receipts were issued by the Workplace Authority Director as mentioned in paragraph (e) in relation to a particular workplace agreement--that those receipts were the only receipts so issued in relation to the workplace agreement before a particular day;

                     (g)  that the Workplace Authority Director gave a particular advice for the purposes of paragraph 346M(2)(b), 346U(2)(b) or 357(2)(a) to a particular person on a particular day;

                     (h)  if the certificate states that particular advices were given by the Workplace Authority Director as mentioned in paragraph (g) in relation to a particular workplace agreement--that those advices were the only advices so given in relation to the workplace agreement before a particular day;

                      (i)  that the Workplace Authority Director granted an authorisation under section 332 on a particular day for a particular employer to make or vary a particular multiple‑business agreement;

                      (j)  if the certificate states that particular authorisations were granted by the Workplace Authority Director as mentioned in paragraph (i) in relation to a particular multiple‑business agreement--that those authorisations were the only authorisations so granted in relation to the multiple‑business agreement before a particular day;

                     (k)  that the Workplace Authority Director gave a particular notice under subsection 346M(1) or (2), 346U(1) or (2), 346Z(2) or 360(1) or paragraph 363(4)(a) on a particular day to a particular employer;

                      (l)  if the certificate states that particular notices were given by the Workplace Authority Director as mentioned in paragraph (k) in relation to a particular workplace agreement--that those notices were the only notices so given in relation to that workplace agreement before a particular day.

             (2)  The certificate may only be issued to a person who is or was bound by the workplace agreement or all of the workplace agreements to which the certificate relates.

             (3)  In the Court and in proceedings in the Court, a certificate issued by the Workplace Authority Director under subsection (1) is prima facie evidence of the matters stated in the certificate.

             (4)  A document that purports to be a certificate issued by the Workplace Authority Director under subsection (1) is taken to be such a certificate, unless evidence to the contrary is adduced.