Document ID: chunk:federal_register_of_legislation:C2020A00044:clause:1_94h
Version: federal_register_of_legislation:C2020A00044
Segment Type: clause
Provision Reference: sch 1 cl 94H
Character Range: 16134–18018

94H  Requiring the use of COVIDSafe
 (1) A person commits an offence if the person requires another person to:
 (a) download COVIDSafe to a communication device; or
 (b) have COVIDSafe in operation on a communication device; or
 (c) consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (2) A person commits an offence if the person:
 (a) refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
 (b) takes adverse action (within the meaning of the Fair Work Act 2009) against another person; or
 (c) refuses to allow another person to enter:
 (i) premises that are otherwise accessible to the public; or
 (ii) premises that the other person has a right to enter; or
 (d) refuses to allow another person to participate in an activity; or
 (e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
 (f) refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;
on the ground that, or on grounds that include the ground that, the other person:
 (g) has not downloaded COVIDSafe to a communication device; or
 (h) does not have COVIDSafe in operation on a communication device; or
 (i) has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (3) To avoid doubt:
 (a) subsection (2) is a workplace law for the purposes of the Fair Work Act 2009; and
 (b) the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3‑1 of that Act.