64Victimisation of witnesses

64  Victimisation of witnesses

Actually causing detriment to another person

 (1) A person (the first person) commits an offence in relation to another person (the second person) if:

 (a) the first person engages in conduct; and

 (b) engaging in the conduct results in detriment to the second person; and

 (c) when the conduct is engaged in, the first person believes or suspects that the second person (or any other person) has done, may have done or intends to do, any of the following things:

 (i) give information to a person performing or exercising any function or power under this Act;

 (ii) produce a document to a person performing or exercising any function or power under this Act;

 (iii) provide advice or assistance to a person performing or exercising any function or power under this Act or a person assisting or advising such a person;

 (iv) any other thing for the purpose of assisting in the performance of the Commissioner’s functions or exercise of the Commissioner’s powers; and

 (d) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Threatening to cause detriment to another person

 (2) A person (the first person) commits an offence in relation to another person (the second person) if:

 (a) the first person engages in conduct; and

 (b) engaging in the conduct consists of, or results in, a threat to cause detriment to the second person; and

 (c) the first person is reckless as to whether the second person fears that the threat would be carried out; and

 (d) when the conduct is engaged in, the first person believes or suspects that the second person (or any other person) has done, may have done or intends to do, any of the following things:

 (i) give information to a person performing or exercising any function or power under this Act;

 (ii) produce a document to a person performing or exercising any function or power under this Act;

 (iii) provide advice or assistance to a person performing or exercising any function or power under this Act or a person assisting or advising such a person;

 (iv) any other thing for the purpose of assisting in the performance of the Commissioner’s functions or the exercise of the Commissioner’s powers; and

 (e) the belief or suspicion is the reason, or part of the reason, for engaging in the conduct.

Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4) of the Criminal Code.

 (3) Subsection (2) applies whether or not the threat mentioned in paragraph (2)(b) is: