Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (5) and (6) where any industry is carried
on —
(a)
partly within the State and partly within an area to which this subsection
applies; or
(b)
wholly or partly in an area to which this subsection applies,
and —
(i)
facilities for servicing or supporting that industry are
maintained in the State by or on behalf of the employer concerned;
(ii)
the employer concerned is connected with the State;
(iii)
that industry is carried on from, or on, or by means of,
an aircraft, ship, or vessel certificated, registered, or licensed under a law
of the State or by a public authority, or which is required to be so
certificated, registered, or licensed;
(iv)
that industry is carried on from, or on, or by means of,
a rig or other structure, installation, or equipment, the use or function of
which is regulated by the State or by the State and the Commonwealth, or is
required to be so regulated;
(v)
that industry is authorised or regulated by the State or
by the State and the Commonwealth; or
(vi)
that industry is carried on pursuant to a law of the
State,
then this Act applies
to and in relation to that industry in so far as any employment relates to the
area to which this subsection applies and in any such case this Act also
applies to and in relation to any industrial matter or industrial action
related thereto, and any jurisdiction, function, duty, or power exercisable,
imposed, or conferred by or under this Act extends thereto.
(2) An employer shall,
for the purposes of subsection (1), be connected with the State if that
employer —
(a) is
domiciled in the State;
(b) is
resident in the State, normally or temporarily;
(c)
being a body corporate, is —
(i)
registered, incorporated, or established under a law of
the State;
(ii)
taken to be registered in the State; or
(iii)
a related body corporate of such a body for the purposes
of the Corporations Act 2001 of the Commonwealth;
(d) in
connection with the industry concerned, has an office or a place of business
in the State; or
(e) is
the holder of a licence, lease, tenement, permit, or other authority, granted
under a law of the State or by a public authority under or by virtue of which
the industry is carried on.
(3) The areas to which
subsection (1) applies are —
(a) that
area situate west of 129° of east longitude reckoning from the meridian
of Greenwich, that is part of the areas known as and comprised
within —
(i)
the Australian fishing zone as defined by the
Commonwealth Fisheries Act 1952 2 ; or
(ii)
the continental shelf, within the meaning of the
Convention on the Continental Shelf a copy of which in the English language is
set out in Schedule 1 to the Commonwealth Petroleum (Submerged Lands)
Act 1967 ;
(b) any
other area seaward of the State to which from time to time the laws of the
State apply or, by a law of the Commonwealth, are applied.
(4) For the purposes
of any proceedings under this Act an averment in the application or
process —
(a) that
an employer was, pursuant to subsection (2), at a specified time or
during a specified period or at all material times connected with the State;
or
(b) that
any conduct, event, circumstance, or matter occurred, or that any place is
situate, within an area referred to in subsection (3),
shall, in the absence
of proof to the contrary, be deemed to be proved.
(5)
Subsections (1), (2), and (3) shall not be construed as applying this Act
to or in relation to any person, circumstance, thing, or place by reason only
of the operation of paragraph (c) of the interpretation of the term
“industry” set out in section 7(1) unless this Act would also
apply by reason of the operation of subsection (1).
(6) Effect shall be
given to subsections (1), (2), and (3) only where this Act or any
provision of this Act would not otherwise apply as a law of the State, or be
applied as a law of the Commonwealth, to or in relation to any person,
circumstance, thing, or place.
[Section 3 amended by No. 10 of 1982
s. 28; No. 10 of 2001 s. 111.]