Document ID: chunk:federal_register_of_legislation:C2017A00131:clause:1_73zc
Version: federal_register_of_legislation:C2017A00131
Segment Type: clause
Provision Reference: sch 1 cl 73ZC
Character Range: 55019–56649

73ZC  Victimisation prohibited

Actually causing detriment to another person
 (1) A person (the first person) contravenes this subsection 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 intends that his or her conduct cause detriment to the second person; and
 (d) the first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Division.
Civil penalty: 500 penalty units.

Threatening to cause detriment to another person
 (2) A person (the first person) contravenes this subsection 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 a person:
 (i) makes a disclosure that qualifies for protection under this Part; or
 (ii) may make a disclosure that would qualify for protection under this Division.
Civil penalty: 500 penalty units.

Threats
 (3) For the purpose of subsection (2), a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (4) In proceedings for a civil penalty order against a person for a contravention of subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.