Section 104 — Work Health and Safety Act 2011: Prohibition of discriminatory conduct

(1) A person must not engage in discriminatory conduct for a prohibited reason. Penalty: The tier A monetary penalty. (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. 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.