CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 469.5 Victimisation prohibited

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 469.5

Actually causing detriment to another person

  (1)   A person (the first person ) contravenes this subsection if:

  (a)   the first person engages in conduct; and

  (b)   the first person's conduct causes any detriment to another person (the second person ); and

  (c)   the first person intends that his or her conduct cause detriment to the second person; and

  (d)   the first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Part.

Penalty:   25 penalty units or imprisonment for 6 months, or both.

Threatening to cause detriment to another person

  (2)   A person (the first person ) contravenes this subsection if:

  (a)   the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and

  (b)   the first person:

  (i)   intends the second person to fear that the threat will be carried out; or

  (ii)   is reckless as to causing the second person to fear that the threat will be carried out; and

  (c)   the first person makes the threat because a person:

  (i)   makes a disclosure that qualifies for protection under this Part; or

  (ii)   may make a disclosure that would qualify for protection under this Part.

Penalty:   25 penalty units or imprisonment for 6 months, or both.

Officers and employees involved in contravention

  (3)   If an Aboriginal and Torres Strait Islander corporation contravenes subsection   (1) or (2), any officer or employee of the corporation who is involved in that contravention contravenes this subsection.

Penalty:   25 penalty units or imprisonment for 6 months, or both.

Threats

  (4)   For the purposes of subsection   (2), a threat may be:

  (a)   express or implied; or

  (b)   conditional or unconditional.

  (5)   In a prosecution for an offence against subsection   (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.