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In force2022 Revised Edition
Contents

Part · Offences

58. Threat and reprisal is prohibited

(1)

No person shall —

(a)

coerce or attempt to coerce any person to refrain from doing any act referred to in subsection (3); or

(b)

subject any person to any commercial or other disadvantage as a reprisal against the person for doing any act referred to in subsection (3).

(2)

For the purposes of and without prejudice to the generality of subsection (1)(b), the commercial or other disadvantage may include a threat of late payment of amounts properly due to the person, the unreasonable bringing or conduct of litigation against the person, the revocation of orders with the person, or the diversion of business from, or refusal to trade with, the person.

(3)

The acts referred to in subsection (1) are as follows —

(a)

making a complaint to the Commission of any alleged infringement or offence under this Act; and

(b)

co-operating with, or offering or agreeing to co-operate with, the Commission in connection with any investigation by the

Commission.

(4)

Any person who contravenes this section is guilty of an offence.

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