109Misrepresentation

109 Misrepresentation (1) A person must not knowingly or recklessly make a false or misleading representation to another person about that other person's: (a) rights or obligations under this Act; or (b) ability to initiate, or participate in, a process or proceedings under this Act; or (c) ability to make a complaint or inquiry to a person or body empowered under this Act to seek compliance with this Act. (2) Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it. Division 3 Civil proceedings in relation to discriminatory or coercive conduct Work Health and Safety (National Uniform Legislation) Act 2011 69 Division 2 Criminal proceedings in relation to discriminatory 110 Proof of discriminatory conduct (1) This section applies if in proceedings for an offence of contravening section 104 or 107, the prosecution: (a) proves that the discriminatory conduct was engaged in; and (b) proves that a circumstance referred to in section 106(a) to (j) existed at the time the discriminatory conduct was engaged in. (2) If it is alleged that the discriminatory conduct was engaged in for a prohibited reason, that reason is presumed to be the dominant reason for that conduct unless the accused proves, on the balance of probabilities, that the reason was not the dominant reason for the conduct. (3) To avoid doubt, the burden of proof on the accused under subsection (2) is a legal burden of proof.