Western Australian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1979 - SECT 102

102 .         Obstruction

        (1)         A person shall not — 

            (a)         being lawfully required to do so fail to produce or exhibit, or allow to be examined, a record;

            (b)         being lawfully asked a question by a person under this Act, fail to answer truthfully to the best of his knowledge, information and belief;

            (c)         being an officer of an organisation, refuse to assist in the taking of any ballot by providing for the use of the returning officer or his assistants such register and lists of the members of the organisation as the returning officer requires; or

            (d)         falsely represent in an application made under this Act that he is a member of an organisation.

        (2)         A person shall not — 

            (a)         resist or obstruct a person in the performance of a duty imposed or the exercise of a power conferred by or under this Act; or

            (b)         wilfully mislead a person in any particular likely to affect the exercise of a power so conferred or the discharge of a duty so imposed.

        (3)         A contravention of subsection (1) or (2) is not an offence but those subsections are civil penalty provisions for the purposes of section 83E.

        [Section 102 amended by No. 121 of 1982 s. 34; No. 94 of 1984 s. 65; No. 1 of 1995 s. 53; No. 20 of 2002 s. 148 and 159.]



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