Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_271
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 271
Character Range: 769345–770720

271  Meaning of objectionable provision

 (1) For the purposes of this Division, each of the following provisions (however it is described in the document concerned) is an objectionable provision:
 (a) a provision that requires or permits any conduct that would contravene this Part, or that would contravene this Part if Division 2 were disregarded;
 (b) a provision that directly or indirectly requires a person:
 (i) to encourage another person to become, or remain, a member of an industrial association; or
 (ii) to discourage another person from becoming, or remaining, a member of an industrial association;
 (c) a provision that indicates support for persons being members of an industrial association;
 (d) a provision that indicates opposition to persons being members of an industrial association;
 (e) a provision that requires or permits payment of a bargaining services fee to an industrial association.

 (2) For the purpose of determining whether a provision is an objectionable provision, it does not matter whether that provision is void because of section 272.

 (3) In this section:

permits includes:
 (a) purports to permit; and
 (b) has the effect of permitting; and
 (c) purports to have the effect of permitting.

requires includes:
 (a) purports to require; and
 (b) has the effect of requiring; and
 (c) purports to have the effect of requiring.