Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_198
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 198
Character Range: 683040–685619

198  Definitions

  In this Part:

affected employee means:
 (a) in relation to the entry onto premises under section 208 to investigate a suspected breach—an employee for whom all the following are satisfied:
 (i) the employee carries out work on the premises;
 (ii) the employee is a member of the permit holder's organisation;
 (iii) the suspected breach relates to, or affects, the employee or the work; and
 (b) in relation to the entry onto premises under section 221 to hold discussions—an employee for whom all the following are satisfied:
 (i) the employee carries out work on the premises;
 (ii) the employee is a member of the permit holder's organisation or is eligible to become a member of that organisation;
 (iii) the employee is one of the employees with whom the discussions are to be held.

affected employer means an employer of affected employees.

authority documents, in relation to the entry onto premises by a permit holder, means:
 (a) if the permit holder entered the premises in reliance on an entry notice:
 (i) the permit holder's permit; and
 (ii) the entry notice; or
 (b) if the permit holder entered the premises in reliance on an exemption certificate:
 (i) the permit holder's permit; and
 (ii) the exemption certificate; or
 (c) if the permit holder entered the premises in reliance on an order of the Commission:
 (i) the permit holder's permit; and
 (ii) the order.

Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government.

conduct includes an omission.

Court means the Federal Court of Australia or the Federal Magistrates Court.

entry notice means an entry notice in the form approved under section 199.

exemption certificate means an exemption certificate under section 211.

industrial law means:
 (a) this Act; or
 (b) the Registration and Accountability of Organisations Schedule; or
 (c) a law of the Commonwealth, however designated, that regulates the relationships between employers and employees; or
 (d) a State or Territory industrial law.

official, in relation to an organisation, means an officer or employee of the organisation.

OHS law means a law of a State or Territory prescribed by the regulations for the purposes of this definition.

permit means a permit under this Part.

permit holder means a person who holds a permit.

permit holder's organisation, in relation to a permit, means the organisation in respect of which the permit was issued.

repealed Part IX means Part IX of this Act, as in force at any time before the reform commencement.