Prohibition of discriminatory conduct
104 Prohibition of discriminatory conduct
A person must not engage in discriminatory conduct for a prohibited reason.
Maximum penalty: tier A monetary penalty.
A person commits an offence under subsection (1) only if the reason referred to in section 106 (What is a prohibited reason) was the dominant reason for the discriminatory conduct.
A civil proceeding may be brought under div 6.3 in relation to discriminatory conduct engaged in for a prohibited reason.
For the purposes of the application of the Criminal Code 2002 in relation to an offence under subsection (1), intention is the fault element for the physical element of engaging in conduct.
This Act’s bill:Explanatory statementSecond reading speech
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