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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS    View history reference

SECTION 1317AC  VICTIMISATION PROHIBITED  

 View history reference

1317AC(1)  Actually causing detriment to another person.  


A person (the first person) contravenes this subsection 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 intends that his or her conduct cause detriment to the second person; and


(d) the first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Part.

1317AC(2)  Threatening to cause detriment to another person.  


A person (the first person) contravenes this subsection 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 a person:


(i) makes a disclosure that qualifies for protection under this Part; or

(ii) may make a disclosure that would qualify for protection under this Part.

1317AC(3)  Officers and employees involved in contravention.  


If a company contravenes subsection (1) or (2), any officer or employee of the company who is involved in that contravention contravenes this subsection.

1317AC(4)  Threats.  


For the purposes of subsection (2), a threat may be:


(a) express or implied; or


(b) conditional or unconditional.

1317AC(5)  [Proof]  


In a prosecution for an offence against subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.


 



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