(1) A person must not refuse to employ another person on any ground that is forbidden for the purposes of this section.

(2) A person, including an organisation of employees, must not on any ground that is forbidden for the purposes of this section ¾

(a) intimidate, prejudice, or threaten to prejudice, or attempt to induce another person to intimidate or prejudice, a person who performs work for an employer;

(b) intimidate or induce, whether by threats or promises or otherwise, an employer to prejudice a person who performs or wishes to perform work for the employer; or

(c) directly or indirectly hinder or prevent the employment of a person or the promotion of an employee.

(3) A person must not conspire with another person to commit an offence against subsection (1) or (2).

Penalty applicable to subsections (1), (2) and (3):

(a) in the case of an individual, not less than $400 nor more than $5 000;

(b) in any other case, not less than $1 000 nor more than $10 000; and a daily penalty of $500.

(4) The grounds that are forbidden for the purposes of this section are ¾

(a) that the person is or is intending to become a member or officer of an organisation of employees; or

(b) that the person is not, or is intending to not remain, a member or officer of an organisation of employees.

(5) For the purposes of subsection (2) a person is prejudiced if ¾

(a) the person is dismissed from employment; or

(b) the person is demoted or fails to get a promotion that the person could have reasonably expected; or

(c) the person's employment position is detrimentally altered; or

(d) the person's pay or other terms and conditions of employment are detrimentally altered.

[Section 96D inserted by No. 15 of 1993 s. 28.]