Corporations (Aboriginal and Torres Strait Islander) Act 2006
Actually causing detriment to another person
469-5(1)
A person (the first person ) contravenes this subsection if: (a) the first person engages in conduct; and (b) the first person ' s conduct causes any detriment to another person (the second person ); and (c) the first person intends that his or her conduct cause detriment to the second person; and (d) the first person engages in his or her conduct because the second person or a third person made a disclosure that qualifies for protection under this Part.
Penalty: 25 penalty units or imprisonment for 6 months, or both.
Threatening to cause detriment to another person
469-5(2)
A person (the first person ) contravenes this subsection if: (a) the first person makes to another person (the second person ) a threat 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
(c) the first person makes the threat because a person:
(ii) is reckless as to causing the second person to fear that the threat will be carried out; and
(i) makes a disclosure that qualifies for protection under this Part; or
(ii) may make a disclosure that would qualify for protection under this Part.
Penalty: 25 penalty units or imprisonment for 6 months, or both.
Officers and employees involved in contravention
469-5(3)
If an Aboriginal and Torres Strait Islander corporation contravenes subsection (1) or (2) , any officer or employee of the corporation who is involved in that contravention contravenes this subsection.
Penalty: 25 penalty units or imprisonment for 6 months, or both.
Threats
469-5(4)
For the purposes of subsection (2) , a threat may be: (a) express or implied; or (b) conditional or unconditional.
469-5(5)
In a prosecution for an offence against subsection (2) , it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
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