77Right of entry of union officials

### 77 Right of entry of union officials > > (1)  *\[Section 77 Subsection (1) substituted by No. 59 of 1992, s. 53 \]*An officer of an organization of employees, subject to any conditions prescribed in the regulations, may – > > > > > > (a) during working hours, enter any premises where members of that organization are employed for the purpose of talking with or interviewing the employees at the premises; and > > > > > > > (b) [*\[Section 77 Subsection (1) amended by No. 18 of 1997, s. 38, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS38@EN) during working hours, enter any premises where members of that organization are or were employed for the purpose of investigating any alleged breach of this Act, any award or registered agreement in relation to the industry or enterprise in which those members are or were employed; and > > > > > > > (c) for the purpose of investigating any alleged breach referred to in [paragraph (b)](#GS77@Gs1@Hpb@EN) and with the approval of the employee or former employee, require the employer to produce for inspection during the usual office hours at the employer's office the record kept under [section 75](#GS75@EN) in respect of that employee or former employee; and > > > > > > > (d) make copies of the entries in any record kept under [section 75](#GS75@EN) related to any alleged breach referred to in [paragraph (b)](#GS77@Gs1@Hpb@EN) . > > > (2)  *\[Section 77 Subsection (2) substituted by No. 59 of 1992, s. 53 \]*Before exercising any power under [subsection (1)](#GS77@Gs1@EN) [(c)](#GS77@Gs1@Hpc@EN) or [(d)](#GS77@Gs1@Hpd@EN) , an officer referred to in that subsection must give the relevant employer notice of at least two working days not being a Saturday, Sunday or public holiday. > > > (2A)  *\[Section 77 Subsection (2A) inserted by No. 59 of 1992, s. 53 \]*Notwithstanding [subsection (2)](#GS77@Gs2@EN) , an officer referred to in [subsection (1)](#GS77@Gs1@EN) may exercise any of the powers referred to in [paragraphs (c)](#GS77@Gs1@Hpc@EN) or [(d)](#GS77@Gs1@Hpd@EN) of that subsection before the expiration of the period of notice referred to in [subsection (2)](#GS77@Gs2@EN) if the relevant employer agrees to the exercise of those powers before that expiration. > > > (3)  *\[Section 77 Subsection (3) substituted by No. 59 of 1992, s. 53 \]*An officer referred to in [subsection (1)](#GS77@Gs1@EN) is not entitled to inspect a record referred to in that subsection until the officer has made before a justice the declaration of secrecy prescribed in the regulations. > > > (4)  *\[Section 77 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person who has made a declaration of secrecy in accordance with [subsection (3)](#GS77@Gs3@EN) shall not disclose, contrary to that declaration, any information obtained by him from an inspection of a record referred to in that subsection. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (5)  Where an officer of an organization of employees to which [subsection (1)](#GS77@Gs1@EN) applies is entitled under this section to inspect a record required by this Act to be kept by an employer, that employer shall, on a written notice served on him by the officer, produce the record for inspection by the officer. > > > (6)  *\[Section 77 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*An employer who fails to comply with [subsection (5)](#GS77@Gs5@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.