Document ID: chunk:federal_register_of_legislation:C2016A00079:clause:2_337bd
Version: federal_register_of_legislation:C2016A00079
Segment Type: clause
Provision Reference: sch 2 cl 337BD
Character Range: 133802–135352

337BD  Civil penalties

Taking a reprisal
 (1) A person (the first person) must not take a reprisal against another person if the first person's belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.
Civil penalty: 100 penalty units.
 (2) In proceedings for a contravention of subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.

Threatening to take a reprisal
 (3) A person (the first person) must not make a threat to another person (the second person) to take a reprisal against the second person or a third person if:
 (a) the first person:
 (i) intends the second person to fear that the threat will be carried out; or
 (ii) is reckless as to the second person fearing that the threat will be carried out; and
 (b)  the first person's belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.
Civil penalty: 100 penalty units.
 (4) For the purposes of subsection (3), the threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.
 (5) In proceedings for a contravention of subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.