(1) For the purposes of this Part, where a member of an organization of employees who is also a member of its related Federal body participates in a strike then, unless the contrary is proved, the member is taken to have participated in that strike as a member of the organization of employees.

(2) An organization of employees is taken to have contravened or failed to comply with section 97C (2) if an officer or employee of the organization ¾

(a) incites, encourages or assists a member of the organization to participate in a strike in contravention of section 97C (1); or

(b) is in any way by act or omission and directly or indirectly knowingly concerned in or party to a contravention of section 97C (1),

unless it is proved that ¾

(c) the officer or employee acted without the organization's consent or connivance; and

(d) the organization took all reasonable precautions and exercised due diligence to prevent the officer or employee so acting, having regard to all the circumstances.

[Section 97D inserted by No. 3 of 1997 s.10.]