Commonwealth Consolidated Acts Commonwealth Consolidated ActsTaking a reprisal
(1) A person commits an offence if:
(a) the person takes a reprisal against another person; and
(b) the person's belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for taking the reprisal.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that a person made, may have made, proposed to make or could have made a disclosure that qualifies for protection under this Part.
Threatening to take a reprisal
(3) A person (the first person ) commits an offence if:
(a) the first person makes a threat to another person (the second person ) to take a reprisal against the second person or 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 the second person fearing that the threat will be carried out; and
(c) the first person's belief or suspicion that a person made, may have made, proposes to make or could make a disclosure that qualifies for protection under this Part is the reason, or part of the reason, for making the threat.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(4) For the purposes of subsection (3), the threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(5) In a prosecution for an offence under subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.