Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Amendment (Codifying Contempt Offences) Bill
2003
No. ,
2003
(Employment and Workplace
Relations)
A Bill for an Act to amend laws
relating to workplace relations, and for related purposes
Contents
Workplace Relations Act
1996 3
Workplace Relations Act
1996 6
A Bill for an Act to amend laws relating to workplace
relations, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Amendment (Codifying
Contempt Offences) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Paragraph 299(1)(d)
Omit “Commission; or”, substitute
“Commission.”.
2 Paragraph 299(1)(e)
Repeal the paragraph.
3 At the end of
section 299
Add:
Note 1: This section is not the only provision creating an
offence relating to improper influence on a member of the Commission.
Sections 135.1, 135.4, 139.1, 141.1 and 142.1 of the Criminal Code
create offences of using various dishonest means (including bribery, providing
benefits and making demands with menaces) to influence a Commonwealth public
official in the performance of his or her duties.
Note 2: This section is not the only provision creating an
offence relating to interference with a witness in a proceeding before the
Commission. Sections 301 and 303 of this Act and sections 36A, 37, 38
and 40 of the Crimes Act 1914 also do so. Section 39 of that Act
also makes it an offence to destroy evidence that may be required in such a
proceeding.
Contravening an order of the Commission
(3) A person is guilty of an offence if:
(a) the Commission has made an order under this Act or the Registration
and Accountability of Organisations Schedule; and
(b) the order binds the person; and
(c) the person engages in conduct; and
(d) the conduct contravenes the order.
Penalty: Imprisonment for 12 months.
(4) In subsection (3):
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
Publishing false allegation of misconduct affecting
Commission
(5) A person is guilty of an offence if:
(a) the person publishes a statement; and
(b) the statement implies or expressly states there was misconduct by a
member (whether identified or not) of the Commission in relation to the
performance of the functions, or exercise of the powers, of the Commission;
and
(c) there was not such misconduct as implied or stated by the statement;
and
(d) the publication is likely to have a significant adverse effect on
public confidence that the Commission is properly performing its functions and
exercising its powers.
Penalty: Imprisonment for 12 months.
Note: The following heading to subsection 299(1) is inserted
“General offences”.
4 Application of new offences in
section 299
(1) Subsection 299(3) of the Workplace Relations Act 1996 (as
amended by this Act) applies to conduct engaged in after the commencement of
that subsection, whether the order contravened by the conduct was made before,
on or after that commencement.
(2) Subsection 299(5) of the Workplace Relations Act 1996 (as
amended by this Act) applies to publication of a statement after the
commencement of that subsection, whether the statement was made before, on or
after that commencement.
5 At the end of
section 303
Add:
Giving false evidence
(3) A person (the witness) is guilty of an offence
if:
(a) the witness gives false evidence; and
(b) either:
(i) the evidence is given in a proceeding before the Commission;
or
(ii) the evidence is given before a person taking evidence on behalf of
the Commission either in a proceeding that has been instituted in the Commission
by anyone or for use in a proceeding that will be instituted in the Commission
by the witness.
Penalty: Imprisonment for 12 months.
Inducing another person to give false evidence
(4) A person (the offender) is guilty of an offence
if:
(a) another person (the witness) has been called or is to be
called as a witness in a proceeding before the Commission (whether the person is
to appear before the Commission or before someone taking evidence on behalf of
the Commission in the proceeding); and
(b) the offender induces the witness to give false evidence in the
proceeding.
Penalty: Imprisonment for 12 months.
Note 1: The heading to section 303 is altered by
omitting “by” and substituting “relating
to”.
Note 2: The following heading to subsection 303(1) is
inserted “Contravention of requirement by
witness”.
6 Application of new offences in
section 303
(1) Subsection 303(3) of the Workplace Relations Act 1996 (as
amended by this Act) applies to the giving of false evidence after the
commencement of that subsection, whether the proceeding concerned was instituted
before, on or after that commencement or will be instituted after that
commencement.
(2) Subsection 303(4) of the Workplace Relations Act 1996 (as
amended by this Act) applies to the inducement after the commencement of that
subsection of the giving of false evidence, whether the proceeding concerned was
instituted before, on or after that commencement.
1 At the end of subsection
83BH(5)
Add:
Note: Contravening a requirement under paragraph (4)(d)
or subsection (5) of this section may be an offence under
section 305A.
2 At the end of subsection
86(2)
Add:
Note: Contravening a requirement under this section to
produce a document may be an offence under section 305.
3 At the end of subsection
119(1)
Add:
Note: Contravening a direction may be an offence under
section 300.
4 At the end of subsection
138(1)
Add:
Note: Contravening a direction (except a direction to the
Industrial Registrar) may be an offence under section 308.
5 Subsection 299(1) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months.
6 Section 300 (penalty)
Repeal the penalty, substitute:
Penalty: 20 penalty units.
7 Section 301
Omit “by:”, substitute “by imprisonment for not more than
12 months.”.
8 Paragraphs 301(f) and (g)
Repeal the paragraphs.
9 Section 302 (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
10 Subsection 303(1) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
11 Subsection 307(1) (penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
12 Subsection 308(1) (penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
13 At the end of subsections 317(1), (2) and
(3)
Add:
Penalty: 30 penalty units.
14 Subsection 317(4) (penalty)
Repeal the penalty, substitute:
Penalty: 30 penalty units.
15 Section 338 (penalty)
Repeal the penalty, substitute:
Penalty: 20 penalty units.
16 Subsection 339(1) (penalty)
Repeal the penalty, substitute:
Penalty: 20 penalty units.
17 At the end of subsection
355(5)
Add:
Note: Giving information as evidence, or publishing
information, in contravention of this section or a direction under this section
may be an offence under section 339.