Document ID: chunk:federal_register_of_legislation:C2025C00134:section:68:p1
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 68 (pt 1/2)
Character Range: 461652–464337

68  Victimisation of trustees etc.

Prohibition
 (1) A person must not commit an act of victimisation against:
 (a) a trustee of an employer‑sponsored fund; or
 (b) a responsible officer of a corporate trustee of an employer‑sponsored fund.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Act of victimisation against trustee
 (2) For the purposes of this section, a person is taken to commit an act of victimisation against a trustee of an employer‑sponsored fund if, and only if, the person subjects, or threatens to subject, the trustee to a detriment on the grounds that:
 (a) the trustee has fulfilled, is fulfilling, or is proposing to fulfil, an obligation imposed on the trustee; or
 (b) the trustee has exercised, is exercising, or is proposing to exercise, the trustee's powers in a particular way.

Act of victimisation against officer of corporate trustee
 (3) For the purposes of this section, a person is taken to commit an act of victimisation against a responsible officer of a corporate trustee of an employer‑sponsored fund if, and only if, the person subjects, or threatens to subject, the responsible officer to a detriment on the grounds that:
 (a) the trustee or officer has fulfilled, is fulfilling, or is proposing to fulfil, an obligation imposed on the trustee or officer; or
 (b) the trustee or officer has exercised, is exercising, or is proposing to exercise, any of the trustee's powers or the officer's powers, as the case may be, in a particular way.

Employers
 (4) For the purposes of this section, an employer is taken to subject an employee to a detriment if the employer:
 (a) dismisses the employee; or
 (b) injures the employee in his or her employment; or
 (c) alters the position of the employee to the employee's prejudice.
However, for the purposes of this section, an employer is taken not to subject an employee to a detriment if the employer:
 (a) permanently ceases to be an employer‑sponsor of a superannuation fund of which the employee is a member; or
 (b) temporarily ceases to contribute to a superannuation fund in respect of a class of members in which the employee is included; or
 (c) reduces the level of contributions to a superannuation fund in respect of a class of members in which the employee is included.

Reasons
 (5) In civil proceedings arising out of this section:
 (a) it is not necessary for the plaintiff to prove the defendant's reason for the alleged action; and
 (b) it is a defence if the defendant proves that the action was not motivated (whether in whole or in part) by the alleged reason.

Obligations
 (6) A reference in