Part 8Prohibited conduct: ancillary
111Instructing, causing or inducing contraventions
1
A person (A) must not instruct another (B) to do in relation to a third person (C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 112(1) (a basic contravention).
2
A person (A) must not cause another (B) to do in relation to a third person (C) anything which is a basic contravention.
3
A person (A) must not induce another (B) to do in relation to a third person (C) anything which is a basic contravention.
4
For the purposes of subsection (3), inducement may be direct or indirect.
5
Proceedings for a contravention of this section may be brought—
a
by B, if B is subjected to a detriment as a result of A's conduct;
b
by C, if C is subjected to a detriment as a result of A's conduct;
c
by the Commission.
6
For the purposes of subsection (5), it does not matter whether—
a
the basic contravention occurs;
b
any other proceedings are, or may be, brought in relation to A's conduct.
7
This section does not apply unless the relationship between A and B is such that A is in a position to commit a basic contravention in relation to B.
8
A reference in this section to causing or inducing a person to do something includes a reference to attempting to cause or induce the person to do it.
9
For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating—
a
in a case within subsection (5)(a), to the Part of this Act which, because of the relationship between A and B, A is in a position to contravene in relation to B;
b
in a case within subsection (5)(b), to the Part of this Act which, because of the relationship between B and C, B is in a position to contravene in relation to C.