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AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 26Offences relating to administration of Act

AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 26

Offences relating to administration of Act

 (1) A person shall not hinder, obstruct, molest or interferewith:

 (a) a member participating in an inquiry or examination underthis Act; or

 (b) a person acting for or on behalf of the Commission, whilethat person is holding an inquiry or carrying out an investigation under thisAct.

Penalty: 10penalty units.

 (2) A person who:

 (a) refuses to employ another person; or

 (b) dismisses, or threatens to dismiss, another person from theother person's employment; or

 (c) prejudices, or threatens to prejudice, another person in theother person's employment; or

 (d) intimidates or coerces, imposes any pecuniary or otherpenalty upon, or takes any other disciplinary action in relation to, anotherperson;

by reason that the other person:

 (e) has made, or proposes to make, a complaint to theCommission; or

 (f) has alleged, or proposes to allege, that a person has donean act or engaged in apractice that is inconsistent with or contrary to anyhuman right; or

 (g) has furnished, or proposes to furnish, any information ordocuments to the Commission or to a person acting for or on behalf of theCommission; or

 (h) has given or proposes to give evidence before the Commissionor to a person acting on behalf of the Commission;

commits an offence punishable upon conviction:

 (j) in the case of a natural person--by a fine not exceeding 25penalty units or imprisonment for a period not exceeding 3 months, or both; or

 (k) in the case of a body corporate--by a fine not exceeding 100penalty units.

 (3) It is a defence to a prosecution for an offence undersubsection (2) constituted by subjecting, or threatening to subject, aperson to a detriment specified inparagraph (2)(a), (b), (c) or (d) onthe ground that the person has alleged that another person has done an act orengaged in apractice that is inconsistent with or contrary to any human rightif it is proved that the allegation was false and was not made in good faith.

Note: Sections 136.1, 137.1 and 137.2 of theCriminal Codedealwith making false or misleading statements, giving false or misleadinginformation and producing false or misleading documents.



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