Document ID: chunk:federal_register_of_legislation:C2024A00139:clause:1_35f:p2
Version: federal_register_of_legislation:C2024A00139
Segment Type: clause
Provision Reference: sch 1 cl 35F (pt 2/2)
Character Range: 66774–68157

protect the second person from detriment.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

No requirement to prove matters related to a complaint
 (5) In a prosecution for an offence against this section, it is not necessary to prove that the second person:
 (a) has made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
 (b) may have made a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
 (c) proposes to make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act; or
 (d) could make a complaint to the National Student Ombudsman or the Overseas Students Ombudsman under this Act.
Note 1: The offences against subsections (1) and (2) relate to whether the first person has taken a reprisal (within the meaning of section 35D) against another person.
Note 2: The offence against subsection (1) relates to a reprisal that consists of causing detriment to another person. The offence against subsection (2) relates to a reprisal that involves a threat to cause detriment to another person.
Note 3: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness (see subsection 5.4(4) of the Criminal Code).

Privacy Act 1988