Superannuation Industry (Supervision) Act 1993

Pt 29A amended by No 10 of 2019, s 3 and Sch 1 item 29, by inserting the note, effective 1 July 2019.

Pt 29A inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.

Div 1 repealed by No 10 of 2019, s 3 and Sch 1 item 30, effective 1 July 2019. No 10 of 2019, s 3 and Sch 1 item 32 contains the following application provision:

32 Application  
32
Despite the repeal of Division 1 of Part 29A of the Superannuation Industry (Supervision) Act 1993 by item 30, that Division continues to apply, at and after the commencement of this item, in relation to:

(a) disclosures of information made before that commencement; and

(b) conduct referred to in subsection 336C(1) of the Superannuation Industry (Supervision) Act 1993 , as in force immediately before that commencement, that is engaged in before that commencement; and

(c) a threat referred to in subsection 336C(2) of the Superannuation Industry (Supervision) Act 1993 , as in force immediately before that commencement, that is made before that commencement.

Div 1 inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.

S 336C repealed by No 10 of 2019, s 3 and Sch 1 item 30, effective 1 July 2019. For application provision, see note under Pt 29A Div 1 heading. S 336C formerly read:

SECTION 336C VICTIMISATION OF WHISTLEBLOWERS PROHIBITED  
336C(1) Actually causing detriment to another person.  

A person commits an offence if:

(a) the person engages in conduct; and

(b) the person's conduct causes any detriment to another person; and

(c) the person intends that his or her conduct cause detriment to the other person; and

(d) the person engages in his or her conduct because the other person made a disclosure that qualifies for protection under this Division.

Penalty: 25 penalty units or imprisonment for 6 months, or both.

336C(2) Threatening to cause detriment to another person.  

A person (the first person ) commits an offence if:

(a) the first person makes a threat to another person (the second person ) 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) made a disclosure that qualifies for protection under this Division; or

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

Penalty: 25 penalty units or imprisonment for 6 months, or both.

336C(3) Threats.  

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

(a) express or implied; or

(b) conditional or unconditional.

336C(4)
In a prosecution for an offence under subsection (2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.

336C(5) Definition.  

In this section:

engage in conduct
means:

(a) do an act; or

(b) omit to do an act.

S 336C inserted by No 154 of 2007, s 3 and Sch 1 item 154, effective 24 September 2007.