Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109zl
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109ZL
Character Range: 448815–449738

109ZL  Immunity if person acted in good faith on ballot results

 (1) If:
 (a) the results of a protected action ballot, as declared by the authorised ballot agent, purported to authorise particular industrial action; and
 (b) an organisation or person, acting in good faith on the declared ballot results, organised or engaged in that industrial action; and
 (c) it is subsequently determined that the action was not authorised by the ballot;
no action lies against the organisation or person under any law (whether written or unwritten) in force in a State or Territory in respect of the action unless the action involved:
 (d) personal injury; or
 (e) wilful or reckless destruction of, or damage to, property; or
 (f) 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.