Document ID: chunk:federal_register_of_legislation:C2004A01390:clause:1_170nhba
Version: federal_register_of_legislation:C2004A01390
Segment Type: clause
Provision Reference: sch 1 cl 170NHBA
Character Range: 3112–3985

170NHBA  Validation of certain industrial action and lockouts

 (1) If:
 (a) a person has organised or engaged in industrial action or locked out employees from their employment; and
 (b) the industrial action or lockout would have been protected action within the meaning of Division 8 but for the fact that it was for a purpose of, or for a purpose that included a purpose of, supporting or advancing a claim made in respect of a matter that was not a permitted matter;
then, to the extent that the industrial action or lockout occurred on or before 2 September 2004, it is taken to be protected action within the meaning of that Division.

 (2) However, subsection (1) does not apply, and is taken never to have applied, to the extent that its application would have resulted in an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution.