Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536G

             (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).