Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_196
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 196
Character Range: 772063–774105

196  At the end of section 299
Add:

Note 1: This section is not the only provision creating an offence relating to improper influence on a member of the Commission. Sections 135.1, 135.4, 139.1, 141.1 and 142.1 of the Criminal Code create offences of using various dishonest means (including bribery, providing benefits and making demands with menaces) to influence a Commonwealth public official in the performance of his or her duties.

Note 2: This section is not the only provision creating an offence relating to interference with a witness in a proceeding before the Commission. Sections 301 and 303 of this Act and sections 36A, 37, 38 and 40 of the Crimes Act 1914 also do so. Section 39 of that Act also makes it an offence to destroy evidence that may be required in such a proceeding.

Contravening an order of the Commission

 (3) A person commits an offence if:
 (a) the Commission has made an order under this Act (other than an order under Part VI (Awards)) or the Registration and Accountability of Organisations Schedule; and
 (b) the order binds the person; and
 (c) the person engages in conduct; and
 (d) the conduct contravenes the order.

Penalty: Imprisonment for 12 months.

 (4) In subsection (3):

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.

Publishing false allegation of misconduct affecting Commission

 (5) A person commits an offence if:
 (a) the person publishes a statement; and
 (b) the statement implies or expressly states there was misconduct by a member (whether identified or not) of the Commission in relation to the performance of the functions, or exercise of the powers, of the Commission; and
 (c) there was not such misconduct as implied or stated by the statement; and
 (d) the publication is likely to have a significant adverse effect on public confidence that the Commission is properly performing its functions and exercising its powers.

Penalty: Imprisonment for 12 months.

Note: The following heading to subsection 299(1) is inserted "General offences".