Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536G

Receiving or soliciting a cash or in kind payment

  (1)   A person (the defendant ) commits an offence if:

  (a)   the defendant:

  (i)   requests (whether or not expressly and whether or not by threats); or

  (ii)   receives or obtains; or

  (iii)   agrees to receive or obtain;

    a cash or in kind payment from a person (the provider ) for the defendant or another person; and

  (b)   the defendant is an employee organisation or an officer (within the meaning of the Registered Organisations Act) or employee of an employee organisation; and

  (c)   the provider is a national system employer other than an employee organisation; and

  (d)   the provider, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the provider, or a person who has a prescribed connection with the provider, employs a person who is, or is entitled to be, a member of the organisation and whose industrial interests the organisation is entitled to represent.

Penalty:

  (a)   for an individual--imprisonment for 2 years or 500 penalty units, or both; or

  (b)   for a body corporate--2,500 penalty units.

  (2)   Subsection   (1) does not apply to a cash or in kind payment mentioned in subsection   536F(3).


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