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Age Discrimination Bill 2004

Part 5 Offences

Division 1 General rules relating to offences

48   Application of the Criminal Code

                   Part 2.5 of Chapter 2 of the Criminal Code does not apply to offences against this Act.

Note:          Part 2.5 of Chapter 2 of the Criminal Code sets out the general principles of corporate criminal responsibility.

49   Unlawful act not offence unless expressly provided

                   Except as expressly provided by this Part, nothing in this Act makes it an offence to do an act that is unlawful because of a provision of Division 2 or 3 of Part 4.



 

Division 2 Specific offences

50   Advertisements

             (1)  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 is published or displayed (whether or not to the public):

                              (i)  in a newspaper or other publication; or

                             (ii)  by television or radio; or

                            (iii)  by display of notices, signs, labels, show cards or goods; or

                            (iv)  by distribution of samples, circulars, catalogues, price lists or other material; or

                             (v)  by exhibition of pictures, models or films; or

                            (vi)  in any other way; and

                     (c)  the advertisement indicates, or could reasonably be understood as indicating, an intention to do an act; and

                     (d)  that act would be unlawful under Part 4.

Penalty:  10 penalty units.

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 Human Rights and Equal Opportunity Commission Act 1986 , and section 46P of that Act).

             (2)  Strict liability applies to paragraph (1)(c).

Note:          For strict liability, see section 6.1 of the Criminal Code .

51   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 detriment is caused without the consent of the second person; and

                     (e)  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 Human Rights and Equal Opportunity Commission Act 1986 ; or

                             (ii)  the second person has brought, or proposes to bring, proceedings under the Human Rights and Equal Opportunity 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 Human Rights and Equal Opportunity Commission Act 1986 ; or

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

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

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

Penalty:  Imprisonment for 6 months.

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 Human Rights and Equal Opportunity Commission Act 1986 , and section 46P of that Act).

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 a third 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 in a matter mentioned in paragraph (1)(e).

Penalty:  Imprisonment for 6 months.

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 Human Rights and Equal Opportunity Commission Act 1986 , and section 46P of that Act).

             (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.

52   Failure to disclose source of actuarial or statistical data

             (1)  A person commits an offence if:

                     (a)  the President or the Commission gives the person a notice in writing under subsection 54(2), requiring the person to disclose the source of actuarial or statistical data; and

                     (b)  the person does not comply with the requirement within 28 days after being given the notice.

Penalty:  10 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  Subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  Subsection 4K(2) of the Crimes Act 1914 does not apply to subsection (1).