(1) For subparagraphs 423 (7) (b) (iii) and 424 (2) (b) (iii) and paragraph 426 (6) (c) of the Act, a Minister of a referring State or of a Territory is prescribed if the industrial action is:
(a) being engaged in in the State or Territory; or
(b) threatened, impending or probable in the State or Territory.
(2) In subregulation (1):
"referring State" has the same meaning as it has in the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 .