Document ID: chunk:federal_register_of_legislation:C2025C00150:section:494:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 494 (pt 1/2)
Character Range: 1137119–1139842

494  Official must be permit holder to exercise State or Territory OHS right

Official must be permit holder
 (1) An official of an organisation must not exercise a State or Territory OHS right unless the official is a permit holder.
Note: This subsection is a civil remedy provision (see Part 4‑1).

Meaning of State or Territory OHS right
 (2) A right to enter premises, or to inspect or otherwise access an employee record of an employee that is on premises, is a State or Territory OHS right if the right is conferred by a State or Territory OHS law, and:
 (a) the premises are occupied or otherwise controlled by any of the following:
 (i) a constitutional corporation;
 (ii) a body corporate incorporated in a Territory;
 (iii) the Commonwealth;
 (iv) a Commonwealth authority; or
 (b) the premises are located in a Territory; or
 (c) the premises are, or are located in, a Commonwealth place; or
 (d) the right relates to requirements to be met, action taken, or activity undertaken or controlled, by any of the following in its capacity as an employer:
 (i) a constitutional corporation;
 (ii) a body corporate incorporated in a Territory;
 (iii) the Commonwealth;
 (iv) a Commonwealth authority; or
 (e) the right relates to requirements to be met, action taken, or activity undertaken or controlled, by an employee of, or an independent contractor providing services for, any of the following:
 (i) a constitutional corporation;
 (ii) a body corporate incorporated in a Territory;
 (iii) the Commonwealth;
 (iv) a Commonwealth authority; or
 (f) the exercise of the right will have a direct effect on any of the following in its capacity as an employer:
 (i) a constitutional corporation;
 (ii) a body corporate incorporated in a Territory;
 (iii) the Commonwealth;
 (iv) a Commonwealth authority; or
 (g) the exercise of the right will have a direct effect on a person who is employed by, or who is an independent contractor providing services for, any of the following:
 (i) a constitutional corporation;
 (ii) a body corporate incorporated in a Territory;
 (iii) the Commonwealth;
 (iv) a Commonwealth authority.

Meaning of State or Territory OHS law
 (3) A State or Territory OHS law is a law of a State or a Territory prescribed by the regulations.

Assisting health and safety representatives
 (4) Subsection (1), and sections 495 to 498, do not apply to an official of an organisation assisting a health and safety representative on request under a provision of a State or Territory OHS law equivalent to paragraph 68(2)(g) of the Work Health and Safety Act 2011.
 (5) However, sections 499 to 504 do apply in relation to the official:
 (a) whether or not the official is a permit holder; and
 (b) for the