Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 174

             (1)  This Part, and the rest of this Act so far as it relates to this Part, extend:

                     (a)  to an employee outside Australia who meets any of the conditions in this section; and

                     (b)  to the employee's employer (whether the employer is in or outside Australia); and

                     (c)  to acts, omissions, matters and things relating to the employee (whether they are in or 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 .

In Australia's exclusive economic zone

             (2)  One condition is that the employee is in Australia's exclusive economic zone and either:

                     (a)  is an employee of an Australian employer and is not prescribed by the regulations as an employee to whom this subsection does not apply; or

                     (b)  is an employee prescribed by the regulations as an employee to whom this subsection applies.

Note:          The regulations may prescribe the employee by reference to a class. See subsection 13(3) of the Legislative Instruments Act 2003 .

On Australia's continental shelf outside exclusive economic zone

             (3)  Another condition is that the employee:

                     (a)  is outside the outer limits of Australia's exclusive economic zone, but is in, on or over a part of Australia's continental shelf that is prescribed by the regulations for the purposes of this subsection, in connection with the exploration of the continental shelf or the exploitation of its natural resources; and

                     (b)  meets the requirements that are prescribed by the regulations for that part.

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

             (4)  Another condition is that the employee:

                     (a)  is neither in Australia's exclusive economic zone nor in, on or over a part of Australia's continental shelf described in paragraph (3)(a); and

                     (b)  is an employee of an Australian employer; and

                     (c)  is an Australian‑based employee or bound by a workplace agreement that binds the employer too; and

                     (d)  is not prescribed by the regulations as an employee to whom this subsection does not apply.

             (5)  Another condition is that the employee:

                     (a)  is neither in Australia's exclusive economic zone nor in, on or over a part of Australia's continental shelf described in paragraph (3)(a); and

                     (b)  is an Australian‑based employee of an employer that is not an Australian employer; and

                     (c)  is bound by a workplace agreement that binds the employer too; and

                     (d)  is not prescribed by the regulations as an employee to whom this subsection does not apply.

Definition

             (6)  In this section:

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