Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_168
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 168
Character Range: 2651232–2652817

168  Harassment and coercion
 (1) A person commits an offence if:
 (a) the person uses physical force, or undue harassment or coercion; and
 (b) the physical force, or undue harassment or coercion is used in connection with:
 (i) the supply or possible supply of goods or services; or
 (ii) the payment for goods or services; or
 (iii) the sale or grant, or the possible sale or grant, of an interest in land; or
 (iv) the payment for an interest in land.
 (2) Subsection (1) is an offence of strict liability.

Penalty
 (2A) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:
 (a) $50,000,000;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
 (2B) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.

Other
 (3) Subsections (1)(b)(iii) and (iv) do not affect the application of any other provision of this Part in relation to the supply or acquisition, or the possible supply or acquisition, of interests in land.

Part 4‑2—Offences relating to consumer transactions

Division 1—Consumer guarantees