257Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding

257 Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding

(1) A person (the offender) must not—

(a) use or procure the use of intimidation towards a person (the victim); or

(b) cause or procure any physical harm or detriment of any kind to a person (the victim)—

because the offender knows or believes that the victim or another person is, was, may be or may become involved in a criminal investigation or a criminal proceeding.

(2) For the purposes of subsection (1)(a), a person uses intimidation towards a victim if—

(a) the person engages in conduct that could reasonably be expected to arouse apprehension or fear in the victim for the safety of the victim or another person or of detriment to the victim or another person; and

(i) the person knows that engaging in that conduct would be likely to arouse that apprehension or fear; or

(ii) in all the particular circumstances, the person ought to have known that engaging in that conduct would be likely to arouse that apprehension or fear.

(3) Subsection (2) applies whether or not the conduct arouses apprehension or fear in the victim.

(4) Subsection (1) does not apply to conduct engaged in by a person performing official duties for the purpose of—

(a) the enforcement of the criminal law; or

(b) the administration of any Act; or

(c) the enforcement of a law imposing a pecuniary penalty; or

(d) the execution of a warrant; or

(e) the protection of public revenue—

that, but for this subsection, would constitute an offence against subsection (1).

(5) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that the conduct was engaged in without malice—

(a) in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging the publication, of news or current affairs material); or

(b) for the purpose of an industrial dispute; or

(c) for the purpose of engaging in political activities or discussion or communicating with respect to public
affairs.

(6) For the purposes of this section, it is immaterial that—

(a) some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the victim was in Victoria at the time at which that conduct occurred; or

(b) the victim was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria; or