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Part 5—Offences

Part 5 Offences

   

49   Unlawful conduct is not an offence unless expressly provided

                   Except as expressly provided by this Part, nothing in this Act makes it an offence to engage in conduct that is unlawful because of a provision of Part 4.

50   Victimisation

Victimisation—actual detriment

             (1)  A person (the first person ) commits an offence if:

                     (a)  the first person engages in conduct; and

                     (b)  the first person’s conduct causes detriment to another person (the second person ); and

                     (c)  the first person intends that his or her conduct cause detriment to the second person; and

                     (d)  the first person engages in his or her conduct because he or she believes that:

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

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

                            (iii)  the second person has given, or proposes to give, 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

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

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

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

                           (vii)  the second person has made an allegation that a person has engaged in conduct that is unlawful by reason of a provision of Part 4 of this Act.

Note:          Complaints can be made to the Commission about conduct that is an offence under this subsection (see the definition of unlawful discrimination in subsection 3(1) of the Australian Human Rights Commission Act 1986 , and section 46P of that Act).

Penalty:  Imprisonment for 6 months or 30 penalty units, or both.

Victimisation—threat of detriment

             (2)  A person (the first person ) commits an offence if:

                     (a)  the first person makes to another person (the second person ) a threat to cause detriment to the second person or to any other person; and

                     (b)  the first person:

                              (i)  intends the second person to fear that the threat will be carried out; or

                             (ii)  is reckless as to causing the second person to fear that the threat will be carried out; and

                     (c)  the first person makes the threat because he or she believes a matter mentioned in paragraph (1)(d).

Note:          Complaints can be made to the Commission about conduct that is an offence under this subsection (see the definition of unlawful discrimination in subsection 3(1) of the Australian Human Rights Commission Act 1986 , and section 46P of that Act).

Penalty:  Imprisonment for 6 months or 30 penalty units, or both.

             (3)  For the purposes of subsection (2), a threat may be:

                     (a)  express or implied; or

                     (b)  conditional or unconditional.

             (4)  In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

51   Advertisements

                   A person commits an offence if:

                     (a)  the person publishes or displays an advertisement or notice, or causes or permits an advertisement or notice to be published or displayed; and

                     (b)  the advertisement or notice indicates, or could reasonably be understood to indicate, an intention to engage in conduct that would be unlawful under Part 4.

Note:          Complaints can be made to the Commission about conduct that is an offence under this section (see the definition of unlawful discrimination in subsection 3(1) of the Australian Human Rights Commission Act 1986 , and section 46P of that Act).

Penalty:  10 penalty units.