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AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986 - SECT 26

Offences relating to administration of Act

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

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

  (b)   a person acting for or on behalf of the Commission, while that person is holding an inquiry or carrying out an investigation under this Act.

Penalty:   10 penalty units.

  (2)   A person who:

  (a)   refuses to employ another person; or

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

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

  (d)   intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to, another person;

by reason that the other person:

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

  (f)   has alleged, or proposes to allege, that a person has done an act or engaged in a practice that is inconsistent with or contrary to any human right; or

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

  (h)   has given or proposes to give evidence before the Commission or 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 25 penalty 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 100 penalty units.

  (3)   It is a defence to a prosecution for an offence under subsection   (2) constituted by subjecting, or threatening to subject, a person to a detriment specified in paragraph   (2)(a), (b), (c) or (d) on the ground that the person has alleged that another person has done an act or engaged in a practice that is inconsistent with or contrary to any human right if 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 the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.


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