Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 39

39. Section 164 of the Principal Act is repealed and the following section is
substituted: Certain actions not to lie under other laws in relation to
boycott conduct

"164.(1) Subject to this section, an action under a law of a State or
Territory does not lie against a trade union, or officer, member or employee
of a trade union, in relation to conduct of the trade union or of the officer,
member or employee acting in that capacity if the conduct is boycott conduct
as defined by section 156 or would be boycott conduct as so defined if
subsections 162(7) and 163(4) and section 162A had not been enacted.

"(2) Subsection (1) does not apply in relation to conduct that has involved or
is likely to involve:

   (a)  personal injury; or

   (b)  wilful or reckless destruction of, or damage to, property; or

   (c)  the unlawful taking, keeping or use of property.

"(3) Subsection (1) does not prevent an action for defamation being brought in
respect of anything that occurred in the course of engaging in boycott
conduct.".