South Australian Consolidated Acts South Australian Consolidated Acts49—Offences in relation to complaints
(1) Where—
(a) a
person in making a complaint under this Act makes a false representation
knowing the representation to be false; and
(b) the
complaint would not, apart from the false representation, be liable to be
investigated or inquired into under this Act,
the person making the complaint is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(2) A person
who—
(a)
prevents another person from making a complaint under this Act; or
(b)
hinders or obstructs another person in making a complaint under this Act,
is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(3) Proceedings for an
offence against subsection (1) must not be commenced except with the
consent of the Authority and no proceedings for an offence other than against
subsection (1) may be commenced or heard against a person in respect of
his or her making of a complaint under this Act.
(4) An apparently
genuine document purporting to be a certificate of the Authority certifying
that he or she has consented to the commencement of proceedings for an offence
against subsection (1) is to be accepted, in the absence of proof to the
contrary, as proof of the matter so certified.
(5) On convicting a
person of an offence against subsection (1), the court may order him or
her to pay to the complainant a reasonable sum for the expenses of or
incidental to any investigation made under this Act as a result of the false
representation.
(6) Any amount
received by the complainant under subsection (5) is to be paid by him or
her to the Treasurer in aid of the Consolidated Account of the State.
(7) In this
section—
"complaint under this Act" means a complaint to a designated officer or the
Authority about the conduct of a designated officer.