The words 'otherwise act in an improper manner' in s 767(1) of the Workplace Relations Act 1996 (Cth) are not confined by the ejusdem generis rule to conduct amounting to hindering or obstructing; they broaden the sub-section to encompass any improper conduct by a permit holder exercising or seeking to exercise entry rights. A penalty of 91% of the maximum was manifestly excessive for a single episode of abusive language and threats where the conduct did not disrupt work and was motivated by genuine safety concerns. The question whether 'intentionally' qualifies 'act in an improper manner' was left open, though the Court indicated it was inclined to the view that it does not.
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