29Additional requirements – entry under section 120

29 Additional requirements – entry under section 120

A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following:

(a) so far as is practicable, the particulars of the suspected contravention to which the notice relates;

(b) a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected;

(c) a declaration stating –

(i) that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and

(ii) the provision in the union's rules that entitles the union to represent the industrial interests of that worker; and

(iii) that the suspected contravention relates to, or affects, that worker; and

(iv) that the records and documents proposed to be inspected relate to that contravention.

| Note | | Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker. |