Section 26 — Australian Human Rights Commission Act 1986: Offences relating to administration of Act

(1) A person shall not hinder, obstruct, molest or interfere with: (a) a member participating in an inquiry or examination under this Act; or (b) a person acting for or on behalf of the Commission, while that person is holding an inquiry or carrying out an investigation under this Act. Penalty: 10 penalty units. (2) A person who: (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: 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.