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Section : 104 Prohibition of discriminatory conduct
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) A person must not engage in discriminatory conduct for a prohibited reason.
- (2) A person commits an offence under subsection (1) only if the reason referred to in section 106 was the dominant reason for the discriminatory conduct. Penalty: The tier A monetary penalty. Note: Civil proceedings may be brought under Division 3 of this Part in relation to discriminatory conduct engaged in for a prohibited reason.
- (3) For the purposes of the application of the Criminal Code in relation to an offence under subsection (1), intention is the fault element for the physical element of engaging in conduct.