The amendment makes it a criminal offence for an employer to intentionally not pay wages and entitlements to their employee. Now it also becomes an offence under the Crimes Act – it becomes a criminal offence – if the offence is deemed to be intentional. However the threat of a criminal charge may be used to ‘game the system’ in cases where no offence has been committed – for example, the threat of criminal charges may be used against an employer by an employment advocate, to gain an out of court settlement despite a lack of evidence that the employer had deliberately not paid an employee.