Document ID: chunk:federal_register_of_legislation:C2024C00345:section:337be
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 337BE
Character Range: 600594–602260

337BE  Criminal offences

Taking a reprisal
 (1) A person commits an offence if:
 (a) the person takes a reprisal against another person; and
 (b) the person's belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.

Threatening to take a reprisal
 (3) A person (the first person) commits an offence if:
 (a) the first person makes a threat to another person (the second person) to take a reprisal against the second person or 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 the second person fearing that the threat will be carried out; and
 (c) the first person's belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (4) For the purposes of subsection (3), the threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.