Legislative Assembly for the ACT: Week 6 Hansard (22 June) . . Page.. 2454..
Proposed new section 57AB (2) (c)-
(c) the person is not disqualified under section 57AC (1).
Proposed new section 57AC-
57AC Disqualification of authorised representatives
(1) The chief executive may disqualify an authorised representative if the chief executive believes, on reasonable grounds, that the representative-
(a) has contravened this division; or
(b) is likely to contravene this division; or
(c) has, in exercising a function under this division, intentionally hindered or obstructed an employer or employee or otherwise acted improperly.
(2) Before disqualifying an authorised representative under subsection (1), the chief executive must give the representative written notice-
(a) that the chief executive intends to disqualify the representative; and
(b) telling the representative why the chief executive intends to disqualify the representative; and
(c) telling the representative that the representative may, within 14 days after the day the representative is given the notice, give a written response to the chief executive about the matters in the notice.
(3) In deciding whether to disqualify an authorised representative under subsection (1), the chief executive must take into account any response given by the representative within the 14-day period.
(4) If a person is disqualified under subsection (1), the chief executive must, in writing-
(a) tell the person about the disqualification; and
(b) tell a registered organisation about the disqualification if the chief executive knows, or believes, that the person is an employee of, or holds office in, the organisation.
(5) The chief executive may revoke a disqualification under subsection (1) if the chief executive believes, on reasonable grounds, that it is no longer appropriate for the disqualification to remain in force.
(6) The chief executive may take action under subsection (5) on application or on the chief executive's own initiative.