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).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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