Document ID: chunk:federal_register_of_legislation:C2017A00084:clause:1_536f:p1
Version: federal_register_of_legislation:C2017A00084
Segment Type: clause
Provision Reference: sch 1 cl 536F (pt 1/2)
Character Range: 10323–12939

536F  Giving a cash or in kind payment

Giving a cash or in kind payment
 (1) A person (the defendant) commits an offence if:
 (a) the defendant is a national system employer other than an employee organisation; and
 (b) the defendant:
 (i) provides a cash or in kind payment to another person; or
 (ii) causes a cash or in kind payment to be provided to another person; or
 (iii) offers to provide, or promises to provide, a cash or in kind payment to another person; or
 (iv) causes an offer of the provision of a cash or in kind payment, or a promise of the provision of a cash or in kind payment, to be made to another person; and
 (c) the other person is an employee organisation or a prohibited beneficiary in relation to an employee organisation; and
 (d) the defendant, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the defendant, or a person who has a prescribed connection with the defendant, 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.
 (3) Subsection (1) does not apply to the following cash or in kind payments:
 (a) a payment to the organisation:
 (i) made by deduction from the wages of an employee of the defendant who has agreed in writing to become a member of the organisation; and
 (ii) made for a membership fee payable by the employee;
 (b) a benefit provided and used for the sole or dominant purpose of benefiting the defendant's employees, or the defendant's former employees in relation to their former employment;
 (c) a gift or contribution deductible under section 30‑15 of the Income Tax Assessment Act 1997 and used in accordance with the law;
 (ca) a benefit of nominal value (meaning no more than 2 penalty units) associated with travel or hospitality during consultation, negotiation or bargaining;
 (cb) a benefit of nominal value (meaning no more than 2 penalty units) that is:
 (i) a token gift, an event invitation or a similar benefit; and
 (ii) given in accordance with common courteous practice among employers and organisations;
 (d) a payment made, at no more than market value, for goods or services supplied to the defendant in the ordinary course of the organisation's business;
 (e) a payment made under or in accordance with a law of the Commonwealth, or a law of a State or Territory;
 (f) a benefit provided in accordance with an order, judgment or award of a court or tribunal,