100Offence to engage in retaliation

100 Offence to engage in retaliation (b) the conduct is retaliation and the person is reckless in relation to that circumstance. (2) For subsection (1), if the retaliation consists of a threat to cause (a) the prosecution must prove that the person: (i) intended the victim to fear the threat would be carried out; or

Independent Commissioner Against Corruption Act 2017 77 (ii) was reckless as to the victim fearing the threat would be carried out; but (b) it is not necessary to prove that the victim actually feared the threat would be carried out. (3) In a prosecution for an offence against subsection (1) consisting of conduct mentioned in section 95(1)(a) or (b), it is not necessary to prove that the victim or third person was actually discouraged from taking protected action or providing support. (4) It is a defence to a prosecution for an offence against (a) the defendant's conduct was otherwise legal and was taken substantially for a reason other than a prohibited reason; or (b) the defendant believed on reasonable grounds the information provided by the protected person that led to the defendant's conduct was false or misleading. (5) A prosecution for an offence against subsection (1) must be started within 2 years after the offence is alleged to have been committed.