CONTAMINATED SITES ACT 2003 - SECT 95
CONTAMINATED SITES ACT 2003 - SECT 95
95 . Victimisation
(1) A person who for a
reason described in subsection (2) —
(a)
prejudices, or threatens to prejudice, the safety or career of another person;
(b)
intimidates or harasses, or threatens to intimidate or harass, another person;
or
(c)
takes, or threatens to take, detrimental action against another person,
commits an offence.
Penalty: $125 000, and a daily penalty of $25 000.
(2) The reasons
referred to in subsection (1) are that the other person or a member of the
other person’s family —
(a) has
made, or will or may in the future make, a report under section 11 or 12;
(b) has
furnished, is furnishing, or will or may in the future furnish, information or
assistance —
(i)
in the course of, or for the purpose of, an inspection or
investigation under this Act; or
(ii)
to the CEO for a purpose relating to the administration
of this Act;
or
(c) has
made, or will or may in the future make, an appropriate disclosure of
information that tends to show that another person —
(i)
is, has been, or proposes to be involved in an offence
under this Act; or
(ii)
is a person responsible for remediation.
(3) In subsection (1)
—
detrimental action includes action causing,
comprising or involving —
(a)
damage or loss;
(b)
adverse discrimination, disadvantage, or adverse treatment in relation to a
person’s career, profession, employment, trade or business; or
(c) a
reprisal.
(4) For the purposes
of this section, a reference to an appropriate disclosure of information is a
reference to a disclosure of information if, and only if, the disclosure is
made in good faith and with an honest and reasonable belief that the
information is of sufficient significance to justify its disclosure so that
its truth may be investigated.