Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 707A

Hindering or obstructing the Fair Work Ombudsman and inspectors etc.

             (1)  A person must not intentionally hinder or obstruct:

                     (a)  the Fair Work Ombudsman or an inspector in the performance of his or her functions or the exercise of his or her powers as the Fair Work Ombudsman or an inspector; or

                     (b)  an assistant referred to in section 710 assisting an inspector on premises; or

                     (c)  a member of the staff of the Office of the Fair Work Ombudsman in the performance of his or her functions or the exercise of his or her powers in relation to an FWO notice.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  Subsection (1) does not apply if:

                     (a)  the person has a reasonable excuse; or

                     (b)  if the Fair Work Ombudsman or inspector referred to in paragraph (1)(a) or (b) (as the case requires) was required to show his or her identity card to the person under subsection 708(3) or paragraph 711(3)(b)--the Fair Work Ombudsman or inspector:

                              (i)  failed to do so; or

                             (ii)  failed to tell the person of the effect of this section.

             (3)  A reference in subsection (1) to the Fair Work Ombudsman includes a reference to a delegate of the Fair Work Ombudsman.



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