Part II Australian Human Rights Commission
Division 3 Functions relating to human rights
Section 26
(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:
36
Compilation No. 48
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.
Australian Human Rights Commission Act 1986
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
Registered: 14/1/19