Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 104

             (1)  A person must not engage in discriminatory conduct for a prohibited reason.

Penalty:

                     (a)  In the case of an individual--$100 000.

                     (b)  In the case of a body corporate--$500 000.

             (2)  A person commits an offence under subsection (1) only if the reason referred to in section 106 was the dominant reason for the discriminatory conduct.

Note:          Civil proceedings may be brought under Division 3 of this Part in relation to discriminatory conduct engaged in for a prohibited reason.

             (3)  For the purposes of the application of the Criminal Code in relation to an offence under subsection (1), intention is the fault element for the physical element of engaging in conduct.