Commonwealth Numbered Acts

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INDEPENDENT CONTRACTORS ACT 2006 (NO. 162, 2006) - SECT 34

Prohibited conduct in relation to reform opt-in agreements

             (1)  A person must not:

                     (a)  take or threaten to take any action; or

                     (b)  refrain, or threaten to refrain, from taking any action;

with intent to coerce another person (the targeted person ) to enter into, or to not enter into, a reform opt‑in agreement.

             (2)  A person must not knowingly make a false statement with intent to persuade or influence another person (the targeted person ) to enter into, or to not enter into, a reform opt‑in agreement.

             (3)  If a person breaches subsection (1) or (2), a penalty may be imposed by the Court.

             (4)  The maximum penalty that may be imposed under subsection (3) for a breach of subsection (1) or (2) is:

                     (a)  300 penalty units for a body corporate; or

                     (b)  60 penalty units in other cases.

             (5)  An application to the Court for the imposition of a penalty under subsection (3) may be made by:

                     (a)  a workplace inspector; or

                     (b)  the targeted person; or

                     (c)  an organisation of employees , or an organisation or association of employers, of which the targeted person is a member, if it is acting with the written consent of the targeted person.

             (6)  A penalty imposed under subsection (3) is payable to the Commonwealth, or to some other person if the Court so directs.

             (7)  Division 3 of Part 14 of the Workplace Relations Act 1996 has effect as if a breach of subsection (1) or (2) were a contravention of a civil remedy provision within the meaning of that Division.



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