(2) Subsection (1) does not apply to an advertisement if the intended act would not in fact be unlawful.
(3) For the purposes of subsection (1), use of a job description which is specific with reference to race is to be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.
(4) The publisher of an advertisement made unlawful by subsection (1) is not subject to any liability under that subsection in respect of the publication of the advertisement if the publisher proves—
- (a) that the advertisement was published in reliance on a statement made to the publisher by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and
- (b) that it was reasonable for the publisher to rely on the statement.
(5) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (4)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at leve1 4.
43. Instructions to discriminate
It is unlawful for a person—
- (a) who has authority over another person; or
- (b) in accordance with whose wishes that other person is accustomed to act,
to instruct that other person to do any act which is unlawful by virtue of Part 3 or 4, or procure or attempt to procure the doing by him or her of any such act.
44. Pressure to discriminate
(1) It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part 3 or 4 by—
- (a) providing or offering to provide the person with any benefit; or
- (b) subjecting or threatening to subject the person to any detriment.
(2) An offer or threat is not prevented from falling within subsection (1) because it is not made directly to the person concerned, if it is made in such a way that he or she is likely to hear of it.
45. Vilification
(1) It is unlawful for a person, by any activity in public, to incite hatred towards, serious contempt for, or severe ridicule of, another person or members of a class of persons on the ground of the race of the person or members of the class of persons.
