Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_108l
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 108L
Character Range: 406589–407334

108L  Immunity provisions

 (1) Subject to subsection (2), no action lies under any law (whether written or unwritten) in force in a State or Territory in respect of any industrial action that is protected action unless the industrial action has involved or is likely to involve:
 (a) personal injury; or
 (b) wilful or reckless destruction of, or damage to, property; or
 (c) the unlawful taking, keeping or use of property.

 (2) Subsection (1) does not prevent an action for defamation being brought in respect of anything that occurred in the course of industrial action.

Note: Subsection 111(13) provides that an order under subsection 111(1) or (6) directing that industrial action stop or not occur does not apply to protected action.