FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 674 Offences in relation to FWA
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 674
Offences in relation to FWAInsulting or disturbing an FWA Member
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person's conduct insults or disturbs an FWA Member in the performance of functions, or the exercise of powers, as an FWA Member.
Penalty: Imprisonment for 12 months.
Using insulting language
(2) A person commits an offence if:
(a) the person uses insulting language towards another person; and
(b) the person is reckless as to whether the language is insulting; and
(c) the other person is an FWA Member performing functions, or exercising powers, as an FWA Member.
Penalty: Imprisonment for 12 months.
Interrupting matters before FWA
(3) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person's conduct interrupts a matter before FWA.
Penalty: Imprisonment for 12 months.
Creating or continuing a disturbance
(4) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person's conduct creates, or contributes to creating or continuing, a disturbance; and
(c) the disturbance is in or near a place where FWA is dealing with a matter.
Penalty: Imprisonment for 12 months.
Improper influence of FWA Members etc.
(5) A person commits an offence if:
(a) the person uses words (whether by writing or speech) that are intended to improperly influence another person; and
(b) the other person is an FWA Member or a person attending before FWA.
Penalty: Imprisonment for 12 months.
Delegates of FWA
(6) A reference in subsections (1) to (5) to FWA or an FWA Member includes a delegate of FWA.
Adversely affecting public confidence in FWA
(7) A person commits an offence if:
(a) the person publishes a statement; and
(b) the statement implies or states that an FWA Member (whether identified or not) has engaged in misconduct in relation to the performance of functions, or the exercise of powers, as an FWA Member; and
(c) the FWA Member has not engaged in that misconduct; and
(d) the publication is likely to have a significant adverse effect on public confidence that FWA is properly performing its functions and exercising its powers.
Penalty: 12 months imprisonment.
Note 1: Sections 135.1, 135.4, 139.1, 141.1 and 142.1 of the Criminal Code create offences of using various dishonest means to influence a Commonwealth public official.
Note 2: Sections 676 and 678 of this Act and sections 36A, 37, 38 and 40 of the Crimes Act 1914 create offences relating to interference with a witness. Section 39 of that Act makes it an offence to destroy anything that may be required in evidence.