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Law Enforcement (AFP Professional Standards and Related Measures) Act 2006
Div 8Offences
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Division 8—Offences
40YA Victimisation
(1) A person commits an offence if the person causes, or threatens to cause, detriment to another person (the victim) on the ground that the victim, or any other person:
(a) has given, or may give, information under this Part; or
(b) has produced, or may produce, a document, record or thing to a person under this Part.
Penalty: Imprisonment for 6 months.
(2) For the purposes of subsection (1), a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
40YB Providing false information about AFP conduct or practices issues
A person commits an offence if:
(a) the person:
(i) gives information under section 40SA that raises an AFP conduct or practices issue; or
(ii) otherwise gives an AFP appointee information in relation to an AFP conduct or practices issue; and
(b) the person knows that the information is false in a material particular.
Penalty: 20 penalty units.
40YC AFP appointees to provide name, etc.
An AFP appointee commits an offence if:
(a) a person requests the AFP appointee to give the person any of the following:
(i) his or her name;
(ii) the address of his or her place of duty;
(iii) his or her identification number if her or she has an identification number; and
(b) the person informs the AFP appointee, either expressly or by necessary implication, that the person:
(i) is complaining, or proposes to complain, about action taken by that AFP appointee; or
(ii) is giving information, or proposed to give information, under section 40SA about an AFP conduct issue that relates to conduct engaged in by that AFP appointee; and
(c) the AFP appointee:
(i) refuses or fails, without reasonable excuse, to comply with the request; or
(ii) gives the person a name, address or identification number that is false in a material particular.
Penalty: 5 penalty units.