Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 87AA

             (1)  In exercising its powers in proceedings under this Part in relation to boycott conduct, the Court is to have regard to any action the applicant in the proceedings has taken, or could take, before an industrial authority in relation to the boycott conduct. In particular, the Court is to have regard to any application for conciliation that the applicant has made or could make.

             (2)  In this section:

"boycott conduct" means conduct that constitutes or would constitute:

                     (a)  a contravention of subsection 45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section 45EA; or

                     (b)  attempting to contravene one of those provisions; or

                     (c)  aiding, abetting, counselling or procuring a person to contravene one of those provisions; or

                     (d)  inducing, or attempting to induce, a person (whether by threats, promises or otherwise) to contravene one of those provisions; or

                     (e)  being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of one of those provisions; or

                      (f)  conspiring with others to contravene one of those provisions.

"industrial authority" means a State industrial authority as defined in subsection 4(1) of the Workplace Relations Act 1996 .