Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_170ccb
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 170CCB
Character Range: 609441–611468

170CCB  Extraterritorial extension

 (1) This Division, and the rest of this Act so far as it relates to this Division, extend to the termination, or proposed termination, of the employment of an Australian‑based employee even though one or both of the following apply:
 (a) the employee was employed outside Australia at the time of the termination, the proposed time of termination or the time of the making of the proposal to terminate;
 (b) the act causing termination, or the proposal to terminate, occurred outside Australia.

Note: In this context, Australia includes the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands and the coastal sea. See section 15B and paragraph 17(a) of the Acts Interpretation Act 1901.

 (2) However, subsection (1) does not apply in relation to the employee if either:
 (a) all the following conditions are met at the time of the termination, the proposed time of termination or the time of the making of the proposal to terminate:
 (i) the employee's employer is not an Australian employer;
 (ii) the employee's primary place of work is in Australia's exclusive economic zone or Australia's continental shelf;
 (iii) the employee is not prescribed by the regulations as an employee in relation to whom subsection (1) applies despite this subsection; or
 (b) the employee is prescribed by the regulations as an employee in relation to whom subsection (1) does not apply.

 (3) In this section:

Australian‑based employee means a person who would be an Australian‑based employee (as defined in subsection 4(1)) if the definition of employee in section 170CAA applied to the definition of Australian‑based employee in that subsection.

Australian employer means a person who would be an Australian employer (as defined in subsection 4(1)) if the definition of employer in section 170CAA applied to the definition of Australian employer in that subsection.

this Act includes the Registration and Accountability of Organisations Schedule and regulations made under it.