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INDUSTRIAL RELATIONS ACT 2016 - SECT 930

Publishing statement about employment on reduced wages

930 Publishing statement about employment on reduced wages

(1) A person must not publish or cause to be published, whether or not for reward, a statement that can be reasonably interpreted to state that a person is ready and willing to—
(a) employ a person on reduced wages; or
(b) be employed on reduced wages.
Penalty—
Maximum penalty—16 penalty units.
(2) Proceedings for an offence against subsection (1) may be started against a publisher of the statement only if—
(a) the publisher has been warned by an inspector that the publication of the statement, or of a statement substantially similar, is an offence against this Act; and
(b) the publisher has published, or caused the publication of, the statement after receiving the warning; and
(c) the Minister’s consent to the proceedings is obtained.
(3) A proprietor of a newspaper or advertising medium is taken to have published the statement with knowledge of its unlawfulness, unless the proprietor shows that the proprietor—
(a) had taken all reasonable precautions against committing the offence; and
(b) had reasonable grounds to believe, and did believe, the publication to be lawful; and
(c) had no reason to suspect the publication was unlawful.
(4) In this section—

"publish" includes—
(a) exhibit; and
(b) broadcast; and
(c) publish to a person.

"publisher" means—
(a) the printer or proprietor of a newspaper; or
(b) the distributor or seller of a newspaper; or
(c) the printer, maker, operator or proprietor of an advertising device or advertising medium; or
(d) the printer of a document uttered for advertising purposes; or
(e) a person acting under the authority of a person mentioned in paragraphs (a) to (d) .



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