(iv) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.
(2) This section does not limit the operation of the definition of outworker entity in section 12.
Note: Section 30H may limit the extent to which this section extends the meaning of outworker entity.
30G General protections
(1) Part 3–1 (which deals with general protections) applies to action taken in a State that is a referring State because of this Division.
(2) This section applies despite section 337 (which limits the application of Part 3–1), and does not limit the operation of sections 338 and 339 (which set out the application of that Part).
Note: Section 30H may limit the extent to which this section extends the application of Part 3–1.
30H Division only has effect if supported by reference
A provision of this Division has effect in relation to a State that is a referring State because of this Division only to the extent that the State’s referral law refers to the Parliament of the Commonwealth the matters mentioned in subsection 30B(1) that result in the Parliament of the Commonwealth having sufficient legislative power for the provision so to have effect.
Division 2B — Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010
30K Meaning of terms used in this Division
(1) In this Division:
amendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30L(4).
excluded subject matter means any of the following matters:
(a) a matter dealt with in a law referred to in subsection 27(1A) of this Act;
(b) superannuation;
(c) workers compensation;
(d) occupational health and safety;
(e) matters relating to outworkers (within the ordinary meaning of the term);
(f) child labour;
(g) training arrangements;
(h) long service leave;
(i) leave for victims of crime;
(j) attendance for service on a jury, or for emergency service duties;
(k) declaration, prescription or substitution of public holidays;
(l) the following matters relating to provision of essential services or to situations of emergency:
(i) directions to perform work (including to perform work at a particular time or place, or in a particular way);
(ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way);
(m) regulation of any of the following:
(i) employee associations;
(ii) employer associations;
(iii) members of employee associations or of employer associations;
(n) workplace surveillance;
(o) business trading hours;
(p) claims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;
(q) rights or remedies incidental to a matter referred to in a preceding paragraph of this definition;
except to the extent that this Act as originally enacted deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under this Act so to deal with the matter.
express amendment means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter), but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.
fundamental workplace relations principles: see subsection 30L(9).
initial reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30L(3).
law enforcement officer means:
(a) a member of a police force or police service; or
(b) a person appointed to a position for the purpose of being trained as a member of a police force or police service; or
(c) a person who has the powers and duties of a member of a police force or police service;
and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.
local government employee, of a State, means:
(a) an employee of a local government employer of the State; or
(b) any other employee in the State of a kind specified in the regulations.
local government employer, of a State, means an employer that is:
(a) a body corporate that is established for a local government purpose by or under a law of a State; or
(b) a body corporate in which a body to which paragraph (a) applies has, or 2 or more such bodies together have, a controlling interest; or
(c) a person who employs individuals for the purposes of an unincorporated body that is established for a local government purpose by or under a law of a State; or
(d) any other body corporate that is a local government body in the State of a kind specified in the regulations; or
(e) any other person who employs individuals for the purposes of an unincorporated body that is a local government body in the State of a kind specified in the regulations.
referral law, of a State, means the law of the State that refers matters, as mentioned in subsection 30L(1), to the Parliament of the Commonwealth.
referred provisions means the provisions of this Division to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.
referred subject matters means any of the following:
(a) terms and conditions of employment, including any of the following:
(i) minimum terms and conditions of employment, (including employment standards and minimum wages);
(ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);
(iii) bargaining in relation to terms and conditions of employment;
(iv) the effect of a transfer of business on terms and conditions of employment;
(b) terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;
(c) rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and