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s 108

Prohibition of coercion or inducement

In force
Part 6Discriminatory, coercive and misleading conduct
Division 1Prohibition of discriminatory, coercive or misleading conduct

108 Prohibition of coercion or inducement

(1)

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:

(a)

to exercise or not to exercise a power, or to propose to exercise or not to exercise a power, under this Act; or

(b)

to perform or not to perform a function, or to propose to perform or not to perform a function, under this Act; or

(c)

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

(d)

to refrain from seeking, or continuing to undertake, a role under this Act.

Penalty: The tier A monetary penalty.

Note:

Civil proceedings may be brought under Division 3 of this Part in relation to a contravention of this section.

(2)

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.

(3)

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.

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