Section 536G — Fair Work Act 2009: Receiving or soliciting a cash or in kind payment

(1) A person (the defendant) commits an offence if: (a) the defendant: (i) requests (whether or not expressly and whether or not by threats); or (ii) receives or obtains; or (iii) agrees to receive or obtain; a cash or in kind payment from a person (the provider) for the defendant or another person; and (b) the defendant is an employee organisation or an officer (within the meaning of the Registered Organisations Act) or employee of an employee organisation; and (c) the provider is a national system employer other than an employee organisation; and (d) the provider, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the provider, or a person who has a prescribed connection with the provider, employs a person who is, or is entitled to be, a member of the organisation and whose industrial interests the organisation is entitled to represent. Penalty: (a) for an individual—imprisonment for 2 years or 500 penalty units, or both; or (b) for a body corporate—2,500 penalty units. (2) Subsection (1) does not apply to a cash or in kind payment mentioned in subsection 536F(3).