Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_249:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 249 (pt 1/2)
Character Range: 739363–742324

249  Extraterritorial extension

In Australia's exclusive economic zone

 (1) This Part, and the rest of this Act so far as it relates to this Part, extend to the following conduct in Australia's exclusive economic zone:
 (a) conduct that:
 (i) is by an organisation, an Australian‑based employee or a group of persons including either an organisation or an Australian‑based employee; and
 (ii) affects adversely, or is intended to affect adversely, an Australian employer;
 (b) conduct that:
 (i) is by an Australian employer or a group including an Australian employer; and
 (ii) affects adversely, or is intended to affect adversely, an Australian‑based employee, whether alone or with other persons;
 (c) conduct that affects adversely, or is intended to affect adversely, either an independent contractor who has a connection with Australia that is prescribed for the purposes of this paragraph or a group including such an independent contractor.

On Australia's continental shelf outside exclusive economic zone

 (2) This Part, and the rest of this Act so far as it relates to this Part, extend to the following conduct outside the outer limits of Australia's exclusive economic zone and in, on or over a part of Australia's continental shelf prescribed by the regulations for the purposes of this subsection:
 (a) conduct that:
 (i) is by an organisation, an Australian‑based employee or a group of persons including either an organisation or an Australian‑based employee; and
 (ii) affects adversely, or is intended to affect adversely, an Australian employer; and
 (iii) meets the requirements prescribed by the regulations for that part of Australia's continental shelf;
 (b) conduct that:
 (i) is by an Australian employer or a group including an Australian employer; and
 (ii) affects adversely, or is intended to affect adversely, an Australian‑based employee, whether alone or with other persons; and
 (iii) meets the requirements prescribed by the regulations for that part of Australia's continental shelf;
 (c) conduct that:
 (i) affects adversely, or is intended to affect adversely, either an independent contractor who has a connection with Australia that is prescribed for the purposes of this subparagraph or a group including such an independent contractor; and
 (ii) meets the requirements prescribed by the regulations for that part of Australia's continental shelf.

Note: The regulations may prescribe different requirements relating to different parts of Australia's continental shelf. The regulations may need to do so to give effect to Australia's international obligations.

Outside Australia's exclusive economic zone and continental shelf

 (3) This Part, and the rest of this Act so far as it relates to this Part, extend to the following conduct outside Australia and neither in Australia's exclusive economic zone nor in, on or over a part of Australia's continental shelf described in subsection (2):
 (a) conduct that: