56Victimisation prohibited

56 Victimisation prohibited

Actually causing detriment to another person (1) A person (the first person) is liable to a civil penalty if: (a) the first person engages in conduct; and (b) the first person’s conduct causes any detriment to another person (the second person); and (c) the first person engages in the conduct because the first person believes or suspects that the second person or a third person has done, may have done or intends to do any of the following things: (i) give information to a person exercising or performing any power or function under this Act; (ii) produce a document to a person exercising or performing any power or function under this Act; (iii) any other thing for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Inspector‑General.

Civil penalty: 500 penalty units.

(2) In proceedings for a civil penalty order against a person for a contravention of subsection (1), it is not necessary to prove that the second person or a third person has done, may have done or intends to do a thing mentioned in paragraph (1)(c). Threatening to cause detriment to another person (3) A person (the first person) is liable to a civil penalty if: (a) the first person makes to another person (the second person) a threat to cause any detriment to the second person or to a third person; and (b) the first person: (i) intends the second person to fear that the threat will be carried out; or (ii) is reckless as to causing the second person to fear that the threat will be carried out; and (c) the first person makes the threat because the first person believes or suspects that a person has done, may have done or intends to do any of the following things: (i) give information to a person exercising or performing any power or function under this Act; (ii) produce a document to a person exercising or performing any power or function under this Act; (iii) any other thing for the purpose of assisting in the performance of the functions, or the exercise of the powers, of the Inspector‑General.

Civil penalty: 500 penalty units.

Threats (4) For the purpose of subsection (3), a threat may be: (a) express or implied; or (b) conditional or unconditional. (5) In proceedings for a civil penalty order against a person for a contravention of subsection (3), it is not necessary to prove: (a) that the person threatened actually feared that the threat would be carried out; or (b) that a person has done, may have done or intends to do a thing mentioned in paragraph (3)(c). Exception—reasonable administrative action (6) Subsections (1) and (3) do not apply if the conduct engaged in by the first person is administrative action that is reasonable to protect the second person from detriment.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).