Document ID: chunk:federal_register_of_legislation:C2017A00084:clause:1_536d:p2
Version: federal_register_of_legislation:C2017A00084
Segment Type: clause
Provision Reference: sch 1 cl 536D (pt 2/2)
Character Range: 8291–9927

provider.
Penalty:
 (a) for an individual—imprisonment for 10 years or 5,000 penalty units, or both; or
 (b) for a body corporate—25,000 penalty units.

No need for actual influence etc.
 (3) For the purposes of paragraphs (1)(b) and (2)(b):
 (a) the defendant's intention does not need to be in relation to a particular registered organisations officer or employee; and
 (b) the defendant's intention does not need to be in relation to a registered organisations officer or employee performing or exercising duties, functions or powers in a particular way, or giving a particular advantage to a particular person; and
 (c) the provider mentioned in subsection (2) does not need to actually believe anything; and
 (d) it is not necessary that any person actually be influenced.

Giving an advantage which would not be legitimately due
 (4) In a prosecution for an offence against subsection (1) or (2), the determination of whether an advantage would not be legitimately due is a matter for the trier of fact.
 (5) For the purposes of subparagraphs (1)(b)(iii) and (2)(b)(iii), an advantage may be given in any way, including by doing or not doing a thing, or causing or influencing another person to do or not do a thing.
 (6) In working out whether an advantage would not be legitimately due to a person, disregard:
 (a) whether the advantage might be, or be perceived to be, customary, necessary or required in the situation; and
 (b) the value of the advantage; and
 (c) any official tolerance of the advantage.

Meaning of benefit in this section
 (7) In this section:
benefit includes any advantage and is not limited to property.