Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_212
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 212
Character Range: 704599–706339

212  Limitation on rights—failure to comply with requests of occupier or affected employer

 (1) This Division does not authorise a permit holder to enter, or remain on, premises if the permit holder fails to produce the permit holder's authority documents for inspection when requested to do so by an affected employer or by the occupier of the premises.

 (2) This Division does not authorise a permit holder to enter, or remain on, premises if:
 (a) an affected employer or the occupier of the premises requests the permit holder to comply with an occupational health and safety requirement that applies to the premises; and
 (b) the request is a reasonable request; and
 (c) the permit holder fails to comply with the request.

Note: The Commission may make an order under section 232 if the request is unreasonable.

 (3) This Division does not authorise a permit holder to enter, or remain on, premises if:
 (a) an affected employer or the occupier of the premises requests the permit holder to do either or both of the following:
 (i) to conduct interviews in a particular room or area of the premises;
 (ii) to take a particular route to reach a particular room or area of the premises; and
 (b) the request is a reasonable request; and
 (c) the permit holder fails to comply with the request.

Note: The Commission may make an order under section 232 if the request is unreasonable.

 (4) For the purposes of subsection (3), if an affected employer or the occupier requests the permit holder to hold discussions in a particular room or area, or to take a particular route to reach a particular room or area, the request is not unreasonable only because it is not the room, area or route that the permit holder would have chosen.