Document ID: chunk:federal_register_of_legislation:C2024C00645:section:26
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 26
Character Range: 67008–69198

26  Offences relating to administration of Act
 (1) A person shall not hinder, obstruct, molest or interfere with:
 (a) a member participating in an inquiry or examination under this Act; or
 (b) a person acting for or on behalf of the Commission, while that person is holding an inquiry or carrying out an investigation under this Act.
Penalty: 10 penalty units.
 (2) A person who:
 (a) refuses to employ another person; or
 (b) dismisses, or threatens to dismiss, another person from the other person's employment; or
 (c) prejudices, or threatens to prejudice, another person in the other person's employment; or
 (d) intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to, another person;
by reason that the other person:
 (e) has made, or proposes to make, a complaint to the Commission; or
 (f) has alleged, or proposes to allege, that a person has done an act or engaged in a practice that is inconsistent with or contrary to any human right; or
 (g) has furnished, or proposes to furnish, any information or documents to the Commission or to a person acting for or on behalf of the Commission; or
 (h) has given or proposes to give evidence before the Commission or to a person acting on behalf of the Commission;
commits an offence punishable upon conviction:
 (j) in the case of a natural person—by a fine not exceeding 25 penalty units or imprisonment for a period not exceeding 3 months, or both; or
 (k) in the case of a body corporate—by a fine not exceeding 100 penalty units.
 (3) It is a defence to a prosecution for an offence under subsection (2) constituted by subjecting, or threatening to subject, a person to a detriment specified in paragraph (2)(a), (b), (c) or (d) on the ground that the person has alleged that another person has done an act or engaged in a practice that is inconsistent with or contrary to any human right if it is proved that the allegation was false and was not made in good faith.
Note: Sections 136.1, 137.1 and 137.2 of the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.