Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 126A

126A Protection from reprisal

(1) A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—

(a) has made a complaint, or in any other way has raised, an explosives issue; or

(b) has contacted or given help to an official in relation to an explosives issue.

Penalty—

Maximum penalty—1,000 penalty units.

(2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.

(3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.

(4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.

(5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

(6) This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010 , chapter 4 , part 1 in relation to reprisals.

(7) In this section—

"detriment" includes—

(a) personal injury or prejudice to safety; and

(b) property damage or loss; and

(c) intimidation or harassment; and

(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and

(e) financial loss; and

(f) damage to reputation, including, for example, personal, professional or business reputation.

"explosives issue" means an issue about—

(a) the safety or health of a person while handling an explosive; or

(b) the security of an explosive from access by a person who should not have access to the explosive.