Section 94 — Sex Discrimination Act 1984: Victimisation

(1) A person shall not commit an act of victimisation against another person. Penalty: (a) in the case of a natural person—25 penalty units or imprisonment for 3 months, or both; or (b) in the case of a body corporate—100 penalty units. (2) For the purposes of subsection (1), a person shall be taken to commit an act of victimisation against another person if the first-mentioned person subjects, or threatens to subject, the other person to any detriment on the ground that the other person: (a) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or (b) has brought, or proposes to bring, proceedings under this Act or the Australian Human Rights Commission Act 1986 against any person; or (c) has furnished, or proposes to furnish, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act or the Australian Human Rights Commission Act 1986; or (d) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986; or (e) has appeared, or proposes to appear, as a witness in a proceeding under this Act or the Australian Human Rights Commission Act 1986; or (f) has reasonably asserted, or proposes to assert, any rights of the person or the rights of any other person under this Act or the Australian Human Rights Commission Act 1986; or (g) has made an allegation that a person has done an act that is unlawful by reason of a provision of Part II; or (h) has made an allegation that a person has contravened a provision of Part IIA; or on the ground that the first-mentioned person believes that the other person has done, or proposes to do, an act or thing referred to in any of paragraphs (a) to (h), inclusive. (3) It is a defence to a prosecution for an offence under subsection (1) constituted by subjecting, or threatening to subject, a person to a detriment on the ground that the person has made an allegation mentioned in paragraph (2)(g) or (h) if it is proved that the allegation was false and was not made in good faith.