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SEX DISCRIMINATION ACT 1984 - SECT 94

Victimisation

             (1)  A person shall not commit an act of victimization against another person.

Penalty:

               (a)     in the case of a natural person--25 penalty units or imprisonment for 3 months, or both; or

              (b)     in the case of a body corporate--100 penalty units.

             (2)  For the purposes of subsection (1), a person shall be taken to commit an act of victimization against another person if the first-mentioned person subjects, or threatens to subject, the other person to any detriment on the ground that the other person:

                     (a)  has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986 ; or

                     (b)  has brought, or proposes to bring, proceedings under this Act or the Australian Human Rights Commission Act 1986 against any person; or

                     (c)  has furnished, or proposes to furnish, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act or the Australian Human Rights Commission Act 1986 ; or

                     (d)  has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986 ; or

                     (e)  has appeared, or proposes to appear, as a witness in a proceeding under this Act or the Australian Human Rights Commission Act 1986 ; or

                      (f)  has reasonably asserted, or proposes to assert, any rights of the person or the rights of any other person under this Act or the Australian Human Rights Commission Act 1986 ; or

                     (g)  has made an allegation that a person has done an act that is unlawful by reason of a provision of Part II;

or on the ground that the first-mentioned person believes that the other person has done, or proposes to do, an act or thing referred to in any of paragraphs (a) to (g), inclusive.

             (3)  It is a defence to a prosecution for an offence under subsection (1) constituted by subjecting, or threatening to subject, a person to a detriment on the ground that the person has made an allegation that another person had done an act that was unlawful by reason of a provision of Part II if it is proved that the allegation was false and was not made in good faith.



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