Revocation or suspension of authority
34D Revocation or suspension of authority
Subject to subsection (2), the Registrar must revoke an authorised representative’s authority —
on application by the secretary of the organisation that made the application under section 34B(1); or
if the Registrar becomes aware that the authorised representative no longer holds —
a right of entry permit as defined in the IR Act section 49G(1); or
an entry permit issued under the Fair Work Act 2009 (Commonwealth) section 512.
The Registrar must not revoke an authority under subsection (1) if proceedings pursuant to an application made under subsection (3) in relation to the authority are pending or in progress.
The Tribunal may, on application by any person, revoke, or suspend for a period determined by the Tribunal, an authority issued under section 34B(2) if satisfied that the authorised representative —
has acted in an improper manner in the exercise of any power conferred by this Division; or
has intentionally and unduly hindered a hirer or owner‑driver during their work time; or
no longer holds —
a right of entry permit as defined in the IR Act section 49G(1); or
an entry permit issued under the Fair Work Act 2009 (Commonwealth) section 512.
An application under subsection (3) for the revocation or suspension of an authority must set out the grounds on which the application is made.
An authorised representative whose authority is revoked must, within 14 days after being informed in writing by the Registrar that their authority is revoked, return their written authority to the Registrar.
A contravention of subsection (5) is not an offence but that subsection is a civil penalty provision for the purposes of the IR Act section 83E.
[Section 34D inserted: No. 36 of 2022 s. 16; amended: No. 43 of 2024 s. 158(4).]
This Act’s bill:Explanatory memorandum
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