Commonwealth Consolidated Acts

INDEPENDENT CONTRACTORS ACT 2006 - SECT 34

  (1)   A person must not:

  (a)   take or threaten to take any action; or

  (b)   refrain, or threaten to refrain, from taking any action;

with intent to coerce another person (the targeted person ) to enter into, or to not enter into, a reform opt - in agreement.

  (2)   A person must not knowingly make a false statement with intent to persuade or influence another person (the targeted person ) to enter into, or to not enter into, a reform opt - in agreement.

  (3)   If a person breaches subsection   ( 1) or (2), a penalty may be imposed by the Court.

  (4)   The maximum penalty that may be imposed under subsection   ( 3) for a breach of subsection   ( 1) or (2) is:

  (a)   300 penalty units for a body corporate; or

  (b)   60 penalty units in other cases.

  (5)   An application to the Court for the imposition of a penalty under subsection   ( 3) may be made by:

  (a)   a Fair Work Inspector; or

  (b)   the targeted person; or

  (c)   an organisation of employees , or an organisation or association of employers, of which the targeted person is a member, if it is acting with the written consent of the targeted person.

  (6)   A penalty imposed under subsection   ( 3) is payable to the Commonwealth, or to some other person if the Court so directs.

  (7)   Division   4 of Part   4 - 1 of the Fair Work Act 2009 has effect as if a breach of subsection   ( 1) or (2) were a contravention of a civil remedy provision within the meaning of that Division.