43Offences

#### 43 Offences 43 Offences > > (1) A person must not— > > > > > (a) without lawful excuse, wilfully obstruct, hinder or resist the Commissioner or a member of staff of the Commissioner in the exercise of functions under this or any other Act, or > > > > > (b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Commissioner under this or any other Act, or > > > > > (c) wilfully make any false statement to or mislead, or attempt to mislead, the Commissioner or a member of staff of the Commissioner in the exercise of functions under this or any other Act. > > > > Maximum penalty—10 penalty units. > > > (2) A person must not directly or indirectly— > > > > > (a) falsely represent that he or she is the Commissioner or acting Commissioner, or > > > > > (b) falsely represent that he or she is a member of staff of the Commissioner. > > > > Maximum penalty—10 penalty units. > > > (3) For the purposes of subsection (2), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists. > > > (4) A person who uses, causes, inflicts or procures any violence, punishment, damage, loss or disadvantage to any person for or on account of— > > > > > (a) his or her making a complaint to the Commissioner, or > > > > > (b) his or her assisting the Commissioner, or > > > > > (c) any evidence given by him or her to the Commissioner, > > > > is guilty of an indictable offence. > > > > Maximum penalty—200 penalty units or imprisonment for 5 years, or both. > > > (5) An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Commissioner is guilty of an indictable offence. > > > > Maximum penalty—200 penalty units or imprisonment for 5 years, or both. > > > (6) In any proceedings for an offence against subsection (5), it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (5). > > > (7) In this section, a reference to a person assisting the Commissioner is a reference to a person who— > > > > > (a) has appeared, is appearing or is to appear as a witness before the Commissioner, or > > > > > (b) has complied with or proposes to comply with a requirement under section 25 (Agencies to give information etc), or > > > > > (c) has assisted, is assisting or is to assist the Commissioner in some other manner.