Document ID: chunk:federal_register_of_legislation:C2023A00055:section:56:p1
Version: federal_register_of_legislation:C2023A00055
Segment Type: section
Provision Reference: s 56 (pt 1/2)
Character Range: 65189–67808

56  Victimisation prohibited

Actually causing detriment to another person
 (1) A person (the first person) is liable to a civil penalty if:
 (a) the first person engages in conduct; and
 (b) the first person's conduct causes any detriment to another person (the second person); and
 (c) the first person engages in the conduct because the first person believes or suspects that the second person or a third person has done, may have done or intends to do any of the following things:
 (i) give information to a person exercising or performing any power or function under this Act;
 (ii) produce a document to a person exercising or performing any power or function under this Act;
 (iii) any other thing for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Inspector‑General.
Civil penalty: 500 penalty units.
 (2) In proceedings for a civil penalty order against a person for a contravention of subsection (1), it is not necessary to prove that the second person or a third person has done, may have done or intends to do a thing mentioned in paragraph (1)(c).

Threatening to cause detriment to another person
 (3) A person (the first person) is liable to a civil penalty if:
 (a) the first person makes to another person (the second person) a threat to cause any 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 the first person believes or suspects that a person has done, may have done or intends to do any of the following things:
 (i) give information to a person exercising or performing any power or function under this Act;
 (ii) produce a document to a person exercising or performing any power or function under this Act;
 (iii) any other thing for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Inspector‑General.
Civil penalty: 500 penalty units.

Threats
 (4) For the purpose of subsection (3), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (5) In proceedings for a civil penalty order against a person for a contravention of subsection (3), it is not necessary to prove:
 (a) that the person threatened actually feared that the threat would be carried out; or
 (b) that a person has done, may have done or intends to do a thing mentioned in paragraph (3)(c).

Exception—reasonable administrative action
 (6)