Div 6De-registration

Division 6—De-registration 130—De-registration of associations (1) SAET (constituted as an industrial relations commission) may de-register an association registered under this Part if— (a) the association applies for de-registration; or (b) the association contravenes or fails to comply with a provision of this Act or its rules about the way its affairs are to be conducted; or (c) the association acts oppressively towards any member or class of members; or (d) the association, or a substantial number of the members of the association, has wilfully contravened, or failed to comply with, a determination of SAET; or (e) there is some other substantial reason for de-registration of the association. (2) An application for de-registration of an association may be made by— (a) the association itself; or (b) a member or former member of the association; or (c) the Minister; or (d) the Registrar. (3) SAET may, on making an order for de-registering an association, suspend the order and direct that, if a stated requirement is complied with to SAET's satisfaction within a stated period, the order will lapse but otherwise will take effect at the end of the stated period. (4) If SAET finds that grounds for de-registering an association exist and that those grounds arise wholly or mainly from the conduct of a particular class or section of the members of the association, SAET may, instead of de-registering the association, alter the rules of the association to exclude persons belonging to the relevant class or section from membership of the association. Part 3—Federally based associations 131—Eligibility for registration (1) Subject to this section, an association that is an organisation or branch of an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth is eligible for registration under this Part. (2) An association that is an employee association is only eligible for registration if— (a) immediately before the commencement day, the association was entitled under its rules to represent the industrial interests of employees in South Australia; or (b) the association— (i) has, in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth, amalgamated with or withdrawn from amalgamation with, an organisation or branch of an organisation that was, immediately before the commencement day, entitled under its rules to represent the industrial interests of employees in South Australia; and (ii) is, following the amalgamation or withdrawal, entitled under its rules to represent the industrial interests of employees in South Australia. (3) In the case of an association that is an employee association and the rules of the association provide that 1 or more branches of the association are entitled to represent the industrial interests of employees in South Australia, no part of the association other than the relevant branch or branches is eligible for registration under this Part. (4) In the case of an association that is an employee association and a Federal counterpart of a locally based association, the association is not eligible for registration under this Part if the locally based association has provided written notice to the Registrar that it seeks to represent the industrial interests of employees under this Act to the exclusion of its Federal counterpart. (5) A notice provided in accordance with subsection (4) may, by subsequent notice, be varied or revoked. (6) A notice provided in accordance with subsection (4), or a subsequent notice varying or revoking that notice, must be published on a website determined by the Registrar. (7) If an association has been de‑registered in accordance with section 135, the association is not eligible for registration under this Part unless SAET is satisfied that registration is appropriate having regard to the circumstances in which the order for de‑registration was made. (8) In this section— commencement day means the day on which section 11 of the Fair Work (Registered Associations) Amendment Act 2024 comes into operation; Federal counterpart has the same meaning as in section 9A of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; locally based association means an association registered under Chapter 4 Part 2. 132—Application for registration (1) An association eligible for registration under this Part may apply to SAET (constituted as an industrial relations commission) for registration. (2) If an application for registration is made, the Registrar must— (a) publish notice of the application on a website determined by the Registrar; and (b) give notice of the application— (i) to any registered association the Registrar considers has a proper interest in the subject matter of the application; and (ii) in the case of an application for registration of an association that is an employee association—to the United Trades and Labor Council (trading as SA Unions). (3) The notice must contain a statement of the right of interested persons to lodge objections to the registration of the applicant association. 133—Objections A person may, within the time allowed by the Rules, object to the registration of the association. Division 2—Registration and de-registration 134—Registration SAET (constituted as an industrial relations commission) must, after considering objections to registration duly made in accordance with the rules, register an organisation, or a branch of an organisation, under this Division if satisfied— (a) that the organisation or branch is eligible for registration under this Division. 135—De-registration (1) SAET (constituted as an industrial relations commission) may de-register an organisation or branch registered under this Division if— (a) the organisation or branch applies for de-registration; or (b) the organisation or branch contravenes or fails to comply with a provision of this Act or its rules about the way its affairs are to be conducted; or (c) the organisation or branch wilfully contravenes or fails to comply with a determination of SAET; or (d) the organisation or branch is being administered in a way that is oppressive or unfair to members resident in this State; or (e) the organisation abolishes its South Australian branch or its rules cease to confer on the South Australian branch a reasonable degree of autonomy in the administration and control of South Australian assets or in the determination of questions affecting solely or principally the members resident in this State; or (f) there is some other substantial reason for de-registering the organisation or branch. (2) An application for de-registration of an organisation or branch may be made by— (a) the organisation or branch itself; or (b) a member or former member of the organisation or branch; or (c) the Minister; or (d) the Registrar. (3) SAET may, on making an order for de-registration of an organisation or branch, suspend the order and direct that, if a stated requirement is complied with to SAET's satisfaction within a stated period, the order will lapse but otherwise will take effect at the end of the stated period. (4) If an organisation registered under this Division ceases to be an organisation registered under the Commonwealth (Registered Organisations) Act, its registration under this Division automatically terminates. (5) If a branch of an organisation is registered under this Division, and the organisation ceases to be an organisation registered under the Commonwealth (Registered Organisations) Act, registration of the branch under this Division automatically terminates. Division 3—Federations 136—Federation (1) If a federation of organisations is recognised under the Commonwealth (Registered Organisations) Act, and one or more of its constituent members are registered under this Part, the federation may, subject to the regulations, act under this Act as the representative of the registered constituent members. (2) However, this section does not limit the right of a constituent member of a federation to represent itself or its members. Part 3A—Extension of Federal administration of CFMEU 136A—Interpretation ABCWF—means the Australian Building and Construction Workers' Federation registered under Chapter 4 of this Act or a repealed Act; CFMEU—means the Construction and General Division of the Construction Forestry and Maritime Employees Union registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; Federal administrator means the administrator appointed to administer the CFMEU in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or a scheme under that Act; repealed Act means the Industrial and Employee Relations Act 1994, the Industrial Relations Act 1972 or an earlier Act relating to industrial relations providing for the registration of associations. 136B—Application by Federal administrator of CFMEU (1) This section applies if the CFMEU is under administration in accordance with the Fair Work (Registered Organisations) Act 2009 of the Commonwealth in respect of its operations in South Australia. (2) The Minister must, on application by the Federal administrator of the CFMEU, place the ABCWF into administration (notice of which is to be published in the Gazette). 136C—Effect of administration of ABCWF (1) Subject to this Part, if the Minister places the ABCWF into administration under section 136B(2), the following provisions apply: (a) the Federal administrator of the CFMEU is taken to be the administrator of the ABCWF on and from the day on which the notice referred to in section 136B(2) is published in the Gazette; (b) the administrator of the ABCWF has— (i) the same powers and functions in respect of the ABCWF that the Federal administrator has under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or a scheme made under that Act in respect of the CFMEU; and (ii) any other powers and functions prescribed by the regulations. (2) For the avoidance of doubt, if the Federal administrator of the CFMEU is replaced by another administrator, that other Federal administrator is taken to be the administrator of ABCWF. (3) Despite subsection (1)(a) (and subsection (2))— (a) the Minister may, at any time after the commencement of subsection (1), by notice in the Gazette, appoint another person as administrator of the ABCWF; and (b) a person appointed under this subsection— (i) is taken to be the administrator of ABCWF; and (ii) has— (A) the same powers and functions in respect of the ABCWF that the Federal administrator of the CFMEU has under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth or a scheme made under that Act in respect of the CFMEU; and (B) any other powers and functions prescribed by the regulations. (4) The administrator must act in the best interests of the members of the ABCWF in the performance or exercise of functions and powers as administrator of the ABCWF. 136D—Administrator not liable in civil proceedings An administrator of the ABCWF, or person acting under the direction of that administrator, is not liable to civil proceedings for loss, damage or injury of any kind suffered by a person in relation to an act done, or omitted to be done, in good faith— (a) in the performance or exercise, or the purported performance or exercise, of any power or function of administration of the ABCWF; or (b) in preparing for the performance or exercise of any such power or function. 136E—Regulations under this Part (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Part. (2) Without limiting the generality of subsection (1), the regulations may prescribe all matters necessary or expedient for the purposes of the effective administration of the ABCWF under this Part, including in relation to— (a) the delegation of the administrator's powers and functions; and (b) the exercise of the functions of governing bodies of the ABCWF; and (c) the control of funds, property and other assets of the ABCWF; and (d) the conduct of legal proceedings in the name of the ABCWF; and (e) the suspension or removal of officers of the ABCWF; and (f) the declaration that offices of the ABCWF are vacant; and (g) the timing and conduct of elections for the ABCWF; and (h) the taking of disciplinary action in respect of employees of the ABCWF, including termination of employment; and (i) the making of alterations to the rules of the ABCWF; and (j) the remuneration of the administrator out of the funds, property and other assets of the ABCWF; and (k) the modification or removal of the powers or functions conferred on the administrator in accordance with section 136C(1)(b)(i) or (3)(b)(ii)(A). 136F—Cessation of administration The administration of the ABCWF ceases if the administration of the CFMEU ceases in respect of its operations in South Australia, or if the administrator signs a determination to that effect (notice of which is to be published in the Gazette). 136G—Anti-avoidance A person commits an offence if, without reasonable excuse, the person engages in conduct or a course of conduct and as a result of that conduct or course of conduct— (a) another person or body is prevented from taking action under an administration; or (b) the administrator of the ABCWF is prevented from effectively administering the ABCWF. Maximum penalty: $100 000. Part 4—Provisions generally applicable to associations Division 1—Purpose of association 137—Restraint of trade (1) Even though an association (whether registered or not) has purposes in restraint of trade, its purposes will not, for that reason, be regarded as unlawful. (2) It follows that an association is not to be regarded as an unlawful association because it has purposes in restraint of trade, nor are its members liable to prosecution for conspiracy or any other criminal offence for that reason, nor is any agreement or trust rendered void by the restraint of trade. 138—Limitations of actions in tort (1) Subject to this section, no action in tort lies in respect of an act or omission done or made in contemplation or furtherance of an industrial dispute. (2) This section does not prevent— (a) an action for the recovery of damages for death or personal injury; or (b) an action for the recovery of damages for damage to property (not being economic damage); or (c) an action for conversion or detinue; or (d) an action for defamation. (3) If an industrial dispute has been resolved by conciliation or arbitration and a Full Bench of SAET (constituted as an industrial relations commission) determines on application under this section that, in the circumstances of the case, the industrial dispute arose or was prolonged by unreasonable conduct on the part of a particular person, then the applicant may bring an action in tort against that person despite subsection (1). (4) If a Full Bench of SAET (constituted as an industrial relations commission) determines, on application under this section, that— (a) all means provided under this Act for resolving an industrial dispute by conciliation or arbitration have failed or there is no immediate prospect of resolving the dispute; and (b) having regard to the nature of the dispute and the gravity of its consequences, it is in the public interest to allow the action, then the applicant may bring an action in tort despite subsection (1). (5) SAET must, in hearing and determining an application under subsection (4)(b), act as expeditiously as possible. 139—Industrial services not to be provided to non-members An association, or an officer or employee of an association, must not, except at the request of the person, represent a person who is not a member of the association, and has not made an application to become a member of the association, in proceedings before SAET. Division 2—Powers of entry and inspection 140—Powers of officials of employee associations (1) An official of an association of employees may enter any workplace at which 1 or more members of the association work and— (a) inspect time books and wage records, at the workplace; and (b) inspect the work carried out at the workplace and note the conditions under which the work is carried out; and (c) if specific complaints about non-compliance with this Act, an award or an enterprise agreement have been made—interview any person who works at the workplace about the complaints. (1a) The powers conferred by subsection (1) may be exercised at a time when work is being carried out at the workplace. (2) Before an official exercises powers under subsection (1), the official must give reasonable notice to the employer. (2a) For the purposes of subsection (2)— (a) the notice must be given in writing; and (b) a period of 24 hours notice will be taken to be reasonable unless some other period is reasonable in the circumstances of the particular case. (2b) An official exercising a power under subsection (1) must not interrupt the performance of work at the workplace. (3) A person exercising powers under this section must not— (a) harass an employer or employee; or (ab) address offensive language to an employer or an employee; or (b) hinder or obstruct an employee in carrying out a duty of employment; or (c) use or threaten to use force in relation to an employer, an employee or any other person. (4) If SAET (constituted as an industrial relations commission) is of the opinion that a person has abused powers under this section, SAET may withdraw the relevant powers. Division 3—Records 141—Register of members and officers of associations (1) A registered association must keep— (a) a register of its officers; and (b) a register of its members. (2) The registers must be kept available for inspection by the members of the association or the Registrar at the association's registered office. (3) A registered association must in the month of July in each year furnish the Registrar with— (a) a list of the association's officers; and (b) notice of changes in the officers of the association that have occurred since a list was last furnished under this section; and (c) information as to— (i) the number of financial members of the association; and (ii) the number of non-financial members of the association, as at the immediately preceding 30 June. (3a) A person is entitled to inspect (without charge) a copy of any information provided under subsection (3) during ordinary business hours at the office of the Registrar. (4) A registered association must, at the request of the Registrar, furnish the Registrar with an up-to-date list of the members or officers of the association. (5) If a registered association fails to comply with this section, or a requirement made under this section, the association is guilty of an offence. (6) A person employed in duties connected with the administration of this Act who divulges information about the membership of a registered association except in the performance of official duties or as may be authorised by the association or the President is guilty of an offence. (7) If a registered association is an organisation registered under the Commonwealth (Registered Organisations) Act, a reference to the members of the association in this section will be construed as a reference to members resident in this State. 142—Rules (1) A registered association must, at the request of any person, furnish the person with a printed or typewritten copy of its rules as in force for the time being. (2) The association may charge a fee (not exceeding a limit fixed by regulation) for supplying a copy of its rules under this section. (3) A document apparently certified by the secretary or some other officer of a registered association to be a copy of the rules of the association will be accepted in any legal proceedings as evidence of the rules and of their validity. Division 4—Miscellaneous 143—Certificate of registration (1) On registration of an association, the Registrar will issue a certificate of registration to the association. (2) The registration of an association may be proved, in the absence of evidence that the association has ceased to be registered, by production of a certificate of registration issued under this Act or a corresponding previous enactment for the association. 144—Service Service of any process, notice or other document may be effected on a registered association— (a) by leaving it at the registered office of the association; or (b) by sending it by certified mail addressed to the association at its registered address; or (c) in any other manner directed by the Court or SAET. 144A—Demarcation agreements etc (1) In exercising functions under this Act, SAET is to give effect to any demarcation agreement unless it is satisfied it would be unreasonable to do so. (2) Despite any other provision of this Act, if there is a demarcation dispute between a locally based association and a Federally based association that is a Federal counterpart of the locally based association, SAET must give preference to the right of the locally based association to represent the industrial interests of employees under this Act. (3) In this section— demarcation agreement means an agreement between associations or organisations dealing with the right to represent the industrial interests of a class or group of employees under this Act; Federal counterpart has the same meaning as in section 9A of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; Federally based association means an association registered under Chapter 4 Part 3; locally based association means an association registered under Chapter 4 Part 2. 145—Saving of obligations The de-registration of an association does not relieve the association, or any member of the association, from a penalty, liability or obligation imposed or arising before the de-registration. 146—Sequestration orders (1) If a registered association does not satisfy a judgment for the payment of money on demand by the judgment creditor, the Court may, on application by the judgment creditor, make an order for sequestration of the association's property to the extent necessary to ensure the judgment is satisfied. (2) The order must— (a) provide for appointment of a sequestrator; and (b) confer on the sequestrator the powers necessary to take possession of the property to which the order relates and realise it; and (c) provide for the payment of the costs of the sequestration and realisation of the property. 147—Exercise of powers of SAET (1) Subject to any contrary direction by the President, the powers of SAET under this Chapter (other than a power under Part 3A or 3B) will be exercised by the Registrar. (2) If the President so directs, the powers of SAET under this Chapter will be exercised by— (a) a Presidential Member or Industrial Magistrate nominated by the President; or (b) SAET. Chapter 6AA—Industrial Relations Consultative Council Part 1—Establishment of Consultative Council 218—Establishment of Consultative Council The Industrial Relations Consultative Council is established. Part 2—Functions and powers 218A—Functions and powers of Consultative Council (1) The functions of the Consultative Council are— (a) to assist the Minister in formulating, and advise the Minister on implementing, policies affecting industrial relations and employment in the State; and (b) to advise the Minister on legislative proposals of industrial significance; and (c) to consider matters referred to the Consultative Council by the Minister or members of the Consultative Council; and (d) to perform such other functions as are conferred on it by this or any other Act. (2) The Consultative Council has the power to do anything necessary, expedient or incidental to the performance of its functions. Part 3—Composition of Consultative Council 218B—Membership of Consultative Council (1) The Consultative Council consists of 13 members of whom— (a) 1 is the Minister; and (b) 12 are persons appointed by the Governor— (i) 6 being persons who, in the opinion of the Minister, are suitable to represent the interests of employers (at least 1 being a person considered by the Minister to be suitable to represent the interests of the public sector as an employer), appointed on the recommendation of the Minister after the Minister has consulted with the South Australian Employers' Chamber of Commerce and Industry Inc (trading as Business SA), and with other associations representing the interests of employers determined to be appropriate by the Minister; and (ii) 6 being persons who, in the opinion of the Minister, are suitable to represent the interests of employees (at least 1 being a person considered by the Minister to be suitable to represent the interests of employees in the public sector), appointed on the recommendation of the Minister after the Minister has consulted with the United Trades and Labor Council (trading as SA Unions), and with other associations representing the interests of employees determined to be appropriate by the Minister. (2) A member of the Consultative Council may, with the Minister's approval, appoint a suitable person to act as an alternate member of the Consultative Council and a person so appointed may, in the member's absence, act as a member of the Consultative Council. 218C—Terms and conditions of office (1) An appointed member of the Consultative Council will hold office on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re‑appointment. (2) The Governor may remove an appointed member from office for— (a) breach of, or non‑compliance with, a condition of appointment; or (b) mental or physical incapacity to carry out duties of office satisfactorily; or (c) neglect of duty; or (d) dishonourable conduct. (3) The office of an appointed member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not re‑appointed; or (c) resigns by written notice addressed to the Minister; or (d) is found guilty of an indictable offence; or (e) is removed from office by the Governor under subsection (2). (4) On the office of an appointed member of the Consultative Council becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office. (5) The Minister must ensure that a vacant office is filled within 6 months after the vacancy occurs. 218D—Fees, allowances and expenses A member of the Consultative Council (other than the Minister) is entitled to fees, allowances and expenses approved by the Governor. Part 4—Proceedings of Consultative Council 218E—Meetings (1) The Consultative Council must meet at times appointed by the Minister. (2) The Minister must convene a meeting of the Consultative Council if requested to do so by 4 or more of its members. 218F—Proceedings (1) The Minister must chair meetings of the Consultative Council. (2) A quorum of the Consultative Council consists of 8 members of whom— (a) 1 must be the Minister; and (b) at least 3 must be members appointed to represent the interests of employers; and (c) at least 3 must be members appointed to represent the interests of employees. (3) A telephone or video conference between members of the Consultative Council constituted in accordance with procedures determined by the Consultative Council will, for the purposes of this section, be taken to be a meeting of the Consultative Council at which the participating members are present. (4) The Consultative Council must cause an accurate record to be kept of its proceedings. (5) Subject to this Act, the proceedings of the Consultative Council will be conducted in a manner determined by the Consultative Council. 218G—Conflict of interest under Public Sector (Honesty and Accountability) Act 1995 (1) A member of the Consultative Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with employers or employees generally, or a substantial section of employers or employees. (2) Despite the Public Sector (Honesty and Accountability) Act 1995, a member of the Consultative Council who has made a disclosure of an interest in a matter decided or under consideration by the Consultative Council may, with the permission of a majority of the members of the Consultative Council who may vote on the matter, attend or remain at a meeting when the matter is under consideration in order to ask or answer questions, or to provide any other information or material that may be relevant to the deliberations of the Consultative Council, provided that the member then withdraws from the room and does not in any other way take part in any deliberations or vote on the matter. 218H—Validity of acts An act or proceeding of the Consultative Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. Part 5—Use of staff and facilities 218I—Use of staff and facilities (1) The Consultative Council may, by agreement with the Minister responsible for an administrative unit in the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. (2) The Consultative Council may, by agreement with the relevant agency or instrumentality, make use of the services of the staff, equipment or facilities of any other agency or instrumentality of the Crown. Part 6—Committees 218J—Committees (1) The Consultative Council may establish such committees as it thinks fit to advise the Consultative Council on, or to assist it with respect to, any aspect of its functions under this or any other Act. (2) A committee established under subsection (1)— (a) must consist of at least 2 members of the Consultative Council; and (b) must be chaired by a member of the Consultative Council; and (c) must be established to consider a specific issue or range of issues; and (d) must be established for a specified duration determined by the Consultative Council (but may then be re‑established if the Consultative Council thinks fit); and (e) must report to the Consultative Council as required by the Consultative Council; and (f) may invite persons with experience or knowledge relevant to a matter to be considered at a meeting of the committee to attend and participate in the meeting. (3) The procedures to be observed by the committee will be— (a) as determined by the Consultative Council; or (b) insofar as the procedure is not determined under paragraph (a)—as determined by the committee. Part 7—Related matters 218K—Confidentiality (1) A member of the Consultative Council who, as a member of the Consultative Council, acquires information that— (a) the member knows to be of a commercially sensitive nature, or of a private confidential nature; or (b) the Consultative Council classifies as confidential information, must not divulge the information without the approval of the Consultative Council. (2) Subsection (1) extends to members of a committee established by the Consultative Council as if— (a) the committee were the Consultative Council; and (b) a member of the committee were a member of the Consultative Council. Chapter 6—Miscellaneous 219—Confidentiality (1) A person employed or formerly employed in an office or position under this Act, or authorised under this Act to enter a workplace or inspect an employer's records, must not divulge— (a) information acquired through the employment, or the exercise of the authorised powers, about the contents of records kept by an employer under this Act; or (b) information of a confidential nature acquired through the employment, or the exercise of the authorised powers, about the conduct of an employer's business; or (c) information acquired through the employment, or the exercise of the authorised powers, about the persons bound by enterprise agreements. (2) However, this section does not prevent— (a) the disclosure of information in the ordinary course of employment; or (b) the disclosure of information to SAET; or (c) the disclosure of information required by law; or (d) the use of information for the purpose of compiling statistical records; or (da) the disclosure to an employee or former employee of information required to be kept under this Act in relation to the employee or former employee; or (e) a disclosure of information required by the Minister. 219A—Who are inspectors (1) The following are inspectors for the purposes of this Act: (a) persons appointed by the Minister to be inspectors; (b) persons appointed under the Commonwealth Act who are, under an arrangement between the Minister and the Minister responsible for administering the Commonwealth Act, authorised to exercise the powers of an inspector under this Act. (2) Each inspector must be furnished by the Minister with an identity card. (3) An inspector must produce the identity card for inspection by a person who questions the inspector's authority to exercise powers under this Act. 219B—General functions of inspectors (1) The functions of the inspectors are— (a) to investigate complaints of non‑compliance with the Act, enterprise agreements and awards; and (b) to conduct audits and systematic inspections to monitor compliance with this Act and enterprise agreements and awards; and (c) to conduct promotional campaigns to improve the awareness of employers and people within the workforce of their rights and obligations under this Act, and under enterprise agreements and awards; and (d) to do anything else that may be appropriate to encourage compliance and, if appropriate, take action to enforce compliance. (2) The powers of an inspector under this Act extend to acting in relation to persons who are no longer engaged in the performance of work. (3) An inspector, or a person assisting an inspector, who— (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person, is guilty of an offence. 219C—Powers of inspectors (1) An inspector may at any time, with any assistance the inspector considers necessary, without any warrant other than this section— (a) enter any workplace; and (b) inspect and view any work, process or thing in the place; and (c) question a person in the place on a subject relevant to employment or an industrial matter. (2) An inspector must, when entering or as soon as practicable after entering a place under this section, produce his or her identity card for inspection by the occupier or person in charge of the place. (3) An inspector may require the production of a time book, paysheet, notice, record, list, indenture of apprenticeship or other document required to be kept by this Act or any other Act and may inspect, examine and copy it. (4) In addition to the powers set out in subsections (1) and (3), if an inspector has reason to believe that a document required to be kept by an employer under this Act or any other Act is not accessible during an inspection under subsection (3), the inspector may, by notice in writing to an employer, require the employer to produce the document to the inspector within a reasonable period (of at least 24 hours) specified by the inspector. (5) A document produced under subsection (3) or (4) may be retained by the inspector for examination and copying (and, accordingly, the inspector may take it away), subject to the qualification that the inspector must then return the document within 7 days. (6) However— (a) the inspector may not retain an original document if the employer supplies a copy of it to the inspector for the inspector's own use; and (b) the inspector may not retain the original of a document that is required for the day‑to‑day operations of the employer (but the inspector may copy it at the time of its production). (7) It is the duty of an employer at all reasonable times to facilitate, as far as practicable, the exercise by an inspector of powers under this section. (8) If an inspector puts a question to a person through an interpreter, the question will, for the purposes of this Act, be taken to have been put to the person by the inspector and an answer to the question given by the person to the interpreter will be taken to have been given to the inspector (and in any legal proceedings it will be presumed that the interpreter's translation of the answer is the person's answer to the question as put by the inspector unless it is shown that the interpreter mistranslated the question or the answer). (9) A person must not— (a) hinder or obstruct an inspector in the exercise of a power conferred by or under this section; or (b) refuse an inspector entrance to a place the inspector is authorised to enter under subsection (1); or (c) refuse or fail to answer truthfully a question put under subsection (1); or (d) fail, without lawful excuse, to comply with a requirement of an inspector acting under this section. 219D—Compliance notices (1) If it appears that an employer has failed to comply with a provision of this Act, or of an award or enterprise agreement, an inspector may issue a compliance notice requiring the employer, within a period stated in the notice— (a) to take specified action to remedy the non‑compliance; and (b) to produce reasonable evidence of the employer's compliance with the notice. (2) An employer who fails to comply with a compliance notice within the time allowed in the notice is guilty of an offence. Maximum penalty: $3 250. Expiation fee: $325. (3) The following applications may be made to SAET (constituted as the South Australian Employment Court) for a review of a notice issued under this section: (a) an employer may apply to SAET on the ground that the employer has in fact complied with this Act, or the relevant award or enterprise agreement (as the case may be); (b) an employee may apply to SAET on the ground that the employer's failure to comply with this Act, or an award or enterprise agreement, is more extensive than stated in the notice. (4) SAET may, at the conclusion of the review— (a) confirm the notice; or (b) confirm the notice with such modification as it thinks fit; or (c) cancel the notice. (5) A reference in this section to this Act includes a reference to a code of practice made under this Act. 220—Notice of determinations of SAET (1) Notice of a determination of SAET (unless of an interlocutory nature or affecting only parties who are represented before SAET) must be published, in accordance with the Rules, in a newspaper circulating generally throughout the State. (2) Copies of all determinations of SAET must be kept available for public inspection at the office of the Registrar unless— (a) the determination is of an interlocutory nature; or (b) the determination relates to an enterprise agreement or part of an enterprise agreement that has been suppressed from public disclosure under this Act1. 1 See section 80. 223—Discrimination against employee for taking part in industrial proceedings etc (1) An employer must not discriminate against an employee by dismissing or threatening to dismiss the employee from, or prejudicing or threatening to prejudice the employee in, employment for any of the following reasons— (a) because of the employee's participation in proceedings before SAET; or (b) because of anything said or done, or omitted to be said or done, by the employee in proceedings before SAET; or (c) because of the employee's participation in an industrial dispute; or (d) because the employee is entitled to the benefit of an award or enterprise agreement, or has participated, or declined to participate, in negotiations or proceedings intended to lead to the formation of an award or enterprise agreement. (2) However, discrimination against an employee on the ground that the employee has contravened a determination of SAET or has committed an offence is not made unlawful by subsection (1). (3) A prosecution for an offence against this section may be commenced by the employee against whom the offence is alleged to have been committed, or an inspector. (4) A court by which an employer is convicted of an offence against this section may, on application by the employee against whom the offence was committed— (a) award compensation to the applicant for loss resulting from the commission of the offence; and (b) if the applicant was dismissed from employment—order the employer to re-employ the applicant on conditions determined by the court. 224—Non-compliance with awards and enterprise agreements (1) If a person who is bound by an award or enterprise agreement contravenes or fails to comply with a provision of the award or agreement, the person is guilty of an offence. Maximum penalty: $25 000. (2) Two or more contraventions of subsection (1) are taken to constitute a single contravention if the contraventions were committed by the same person and arose out of a course of conduct by the person. (3) Subsection (2) does not apply to a contravention of subsection (1) that is committed by a person after a court has sentenced a person for an earlier contravention of that subsection. 225—Improper pressure etc related to enterprise agreements (1) A person must not harass an employer or employee, or apply improper pressure to an employer or employee— (a) to prevent, or discourage the employer or employee, from supporting or entering into an enterprise agreement; or (b) to induce the employer or employee to seek variation or rescission of an enterprise agreement. (2) The provision of advice in a reasonable manner to an employee about issues surrounding an enterprise agreement (or potential enterprise agreement) cannot be regarded as improper pressure under subsection (1). (3) A person must not coerce an employee to enter into an enterprise agreement. (4) A person must not state that an employee has voluntarily supported or entered into an enterprise agreement knowing the statement to be false. 225A—Use of offensive language against a representative An employer, or an officer, employee or representative of an association of employers, must not address offensive language to a duly authorised representative of an association of employees (insofar as the person is acting as such a representative). 226—False entries (a) wilfully make a false entry in a time book, notice, certificate, list or document required by this Act to be kept, served or sent; or (b) wilfully make or sign a false declaration under this Act; or (c) make use of any such entry or declaration, knowing it to be false. 227—Experience of apprentice etc how calculated For the purposes of an award or enterprise agreement under which wages are to vary in accordance with experience in an industry, a period of employment as an apprentice or junior in the industry will be brought into account. 228—No premium to be demanded for apprentices or juniors (1) A person must not ask for, or receive, any consideration, premium or bonus for engaging or employing a person as an apprentice or junior. (2) However, this section does not prevent the payment or receipt of a consideration, premium or bonus under an arrangement approved by the Minister. (3) A person who gives a consideration, premium or bonus to a person who is, because of this section, not entitled to receive it may recover it as a debt. 229—Illegal guarantees (1) A person must not require or permit another— (a) to pay a sum of money; or (b) to enter into or make a guarantee or promise to pay a sum of money, in the event of the conduct of an apprentice, junior or employee not being satisfactory to the employer. (2) However, this section does not invalidate, or render unlawful, a guarantee entered into on terms approved by the Minister. (3) A sum paid in contravention of this section is recoverable as a debt. 231—Recovery of penalty from members of association (1) If an association is ordered to pay a penalty or other monetary sum under this Act and the penalty or other sum is not fully paid within one month after the date of the order— (a) the persons who were members of the association when the order was made are jointly and severally liable to pay the penalty or other sum as if the order had been made against them personally; and (b) proceedings to enforce the order may be taken against them, or any of them, accordingly. (2) However, a person's liability on an order to which this section applies is limited to $20. 232—General defence (1) In proceedings against an employer for an offence against this Act, it is a defence to show— (a) that another person was responsible for the act or omission constituting the offence; and (b) that the defendant employer used all due diligence to prevent the commission of the offence; and (c) that the offence was committed without the knowledge of the defendant employer and in contravention of the employer's orders. (2) If a defence is made out by an employer under subsection (1), the person responsible for the act or omission alleged to constitute the offence may be prosecuted and convicted of the offence as if that person were the employer. (3) In proceedings against an employee for an offence against this Act, it is a defence to show that the defendant used all due diligence to prevent the commission of the offence. 233—Order for payment against convicted person (1) If an employer is convicted of an offence against this Act, the court may, on application by an employee in respect of whom the offence was committed, order the convicted person to pay to the applicant an amount due from the convicted person to the applicant. (2) On an applicant under subsection (1), an inspector's certificate will be accepted, in the absence of proof to the contrary, as proof of an amount due from the convicted person to the applicant. (3) An amount that a convicted person is ordered to pay under this section may be recovered in the same way as a fine. 234—Proof of awards etc (1) A copy of a determination under the seal of SAET and certified under the Registrar's signature, is admissible in all courts and tribunals and before all persons as evidence of the determination. (2) A copy of an enterprise agreement certified under the Registrar's signature to be an enterprise agreement approved by SAET, is admissible in all courts and tribunals and before all persons as evidence of the existence of the enterprise agreement and its terms. (3) It is not necessary to prove the seal of SAET or of the signature of the Registrar. 235—Proceedings for offences (1) An offence against a provision of this Act lies within the criminal jurisdiction of SAET. (2) A prosecution for an offence against this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. 236—Conduct by officers etc of body corporate (1) If it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— (a) that an officer, director, employee or agent of the body corporate engaged in the conduct within the scope of his or her actual or apparent authority; and (b) that the officer, director, employee or agent had the state of mind. (2) Any conduct in which— (a) an officer, director, employee or agent of the body corporate engages within the scope of his or her actual or apparent authority; or (b) another person engages at the direction or with the consent or agreement (express or implied) of an officer, director, employee or agent of the body corporate, who gives the direction, consent or agreement within the scope of the actual or apparent authority, is, for the purposes of this Act, conduct of the body corporate. (3) A reference in this section to the state of mind of a person extends to the knowledge, intent, opinion, belief or purpose of the person and the person's reasons for the intent, opinion, belief or purpose. 236A—Offences by body corporate (a) a body corporate commits an offence against this Act; and (b) a member of the governing body of the body corporate intentionally allowed the body corporate to engage in the conduct comprising the offence, that person also commits an offence and is liable to the same penalty as may be imposed for the principal offence. (2) A person referred to in subsection (1) may be prosecuted and convicted of an offence against that subsection whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate. 236B—Conduct etc by officers etc of the Crown (1) If the Crown is guilty of an offence against this Act, or contravenes a civil penalty provision, the penalty to be imposed on the Crown is the penalty applicable to a body corporate. (2) If it is necessary to establish, for the purposes of this Act, the state of mind of the Crown in relation to particular conduct, it is sufficient to show— (a) that an officer, employee or agent of the Crown engaged in the conduct within the scope of their actual or apparent authority; and (b) that the officer, employee or agent had the state of mind. (3) Any conduct in which— (a) an officer, employee or agent of the Crown engages within the scope of their actual or apparent authority; or (b) another person engages at the direction or with the consent or agreement (express or implied) of an officer, employee or agent of the Crown, who gives the direction, consent or agreement within the scope of the actual or apparent authority, is, for the purposes of this Act, conduct of the Crown. (4) A reference in this section to the state of mind of a person extends to the knowledge, intent, opinion, belief or purpose of the person and the person's reasons for the intent, opinion, belief or purpose. 236C—Responsible agency of the Crown (1) If proceedings are brought against the Crown for an offence against this Act— (a) the responsible agency in relation to the offence may be specified in any document initiating, or relating to, the proceedings; and (b) the Crown Solicitor may be served with the summons and information on behalf of the responsible agency; and (c) the responsible agency is entitled to act in the proceedings and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the defendant in the proceedings are conferred or imposed on the responsible agency. (2) If proceedings are brought against the Crown in relation to a contravention of this Act that is not an offence— (a) the responsible agency in relation to the contravention may be specified in any document initiating, or relating to, the proceedings; and (b) notwithstanding the above, the employer of public employees under section 4A is entitled to act in the proceedings and, subject to any relevant rules of court, the procedural rights and obligations of the Crown as the respondent in the proceedings are conferred on the employer of public employees. (3) The responsible agency may be changed during proceedings with the leave of the court. (4) In this section— responsible agency in relation to an offence or a contravention of this Act is — (a) the agency of the Crown whose conduct allegedly constitutes the offence or contravention; or (b) if the agency referred to in paragraph (a) has ceased to exist—the agency of the Crown that is the successor of that agency; or (c) if the agency referred to in paragraph (a) has ceased to exist and there is no clear successor of that agency—the agency of the Crown that the Court that will be dealing with the relevant proceedings declares to be the responsible agency. 237—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (1a) Without limiting the generality of subsection (1), regulations may make provision for any matter, including matters of a saving or transitional nature, relevant to the interaction between this Act and an Act of the Commonwealth. (2) The regulations may impose fines not exceeding $2 500 for offences against the regulations. (3) A regulation under this Act— (a) may make different provision according to the matters or circumstances to which it is expressed to apply; (b) may be of general or limited application; (c) may provide that any matters or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other person or body prescribed by the regulations.