WORKPLACE RELATIONS ACT 1996 - SECT 814 Offences in relation to Commission
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 814
Offences in relation to CommissionGeneral offences
(1) A person shall not:
(a) insult or disturb a member of the Commission in the exercise of powers, or the performance of functions, as a member; or
(b) interrupt the proceedings of the Commission; or
(c) use insulting language towards a member of the Commission exercising powers, or performing functions, as a member; or
(d) by writing or speech use words calculated to influence improperly a member of the Commission or a witness before the Commission.
Penalty: Imprisonment for 12 months.
(2) A reference in subsection (1) to the Commission or a member of the Commission includes a reference to a person authorised to take evidence on behalf of the Commission.
Note 1: This section is not the only provision creating an offence relating to improper influence on a member of the Commission. Sections 135.1, 135.4, 139.1, 141.1 and 142.1 of the Criminal Code create offences of using various dishonest means (including bribery, providing benefits and making demands with menaces) to influence a Commonwealth public official in the performance of his or her duties.
Note 2: This section is not the only provision creating an offence relating to interference with a witness in a proceeding before the Commission. Sections 816 and 818 of this Act and sections 36A, 37, 38 and 40 of the Crimes Act 1914 also do so. Section 39 of that Act also makes it an offence to destroy evidence that may be required in such a proceeding.
Contravening an order of the Commission
(3) A person commits an offence if:
(a) the Commission has made an order under this Act (other than an order under Part 10 (Awards)) or the Registration and Accountability of Organisations Schedule; and
(b) the order binds the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the order.
Penalty: Imprisonment for 12 months.
(4) In subsection (3):
(a) do an act; or
(b) omit to perform an act.
Publishing false allegation of misconduct affecting Commission
(5) A person commits an offence if:
(a) the person publishes a statement; and
(b) the statement implies or expressly states there was misconduct by a member (whether identified or not) of the Commission in relation to the performance of the functions, or exercise of the powers, of the Commission; and
(c) there was not such misconduct as implied or stated by the statement; and
(d) the publication is likely to have a significant adverse effect on public confidence that the Commission is properly performing its functions and exercising its powers.
Penalty: Imprisonment for 12 months.