Prohibition of coercion or inducement
108 Prohibition of coercion or inducement
A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce or induce the other person, or a third person—
to exercise or not to exercise a power, or to propose to exercise or not to exercise a power, under this Act; or
to perform or not to perform a function, or to propose to perform or not to perform a function, under this Act; or
to exercise or not to exercise a power or perform a function, or to propose to exercise or not to exercise a power or perform a function, in a particular way; or
to refrain from seeking, or continuing to undertake, a role under this Act.
Maximum penalty: tier A monetary penalty.
A civil proceeding may be brought under div 6.3 in relation to a contravention of this section.
In this section, a reference to taking action or threatening to take action against a person includes a reference to not taking a particular action or threatening not to take a particular action in relation to that person.
To avoid doubt, a reasonable direction given by an emergency services worker in an emergency is not an action with intent to coerce or induce a person.
In this section:
emergency services worker means—
a police officer; or
a member of an emergency service.
An emergency service means the ambulance service, the fire and rescue service, the rural fire service or the SES (see Legislation Act, dict, pt 1).
This Act’s bill:Explanatory statementSecond reading speech
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