Commonwealth Numbered Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 68

68.(1) A person must not intentionally or recklessly commit an act of
victimisation against:

   (a)  the trustee of an employer-sponsored fund; or

   (b)  a responsible officer of a corporate trustee of an employer-sponsored
        fund. Penalty: Imprisonment for 2 years. Act of victimisation against
        trustee

(2) For the purposes of this section, a person is taken to commit an act of
victimisation against the trustee of an employer-sponsored fund if, and only
if, the person subjects, or threatens to subject, the trustee to a detriment
on the grounds that:

   (a)  the trustee has fulfilled, is fulfilling, or is proposing to fulfil,
        an obligation imposed on the trustee; or

   (b)  the trustee has exercised, is exercising, or is proposing to exercise,
        the trustee's powers in a particular way. Act of victimisation against
        officer of corporate trustee

(3) For the purposes of this section, a person is taken to commit an act of
victimisation against a responsible officer of a corporate trustee of an
employer-sponsored fund if, and only if, the person subjects, or threatens to
subject, the responsible officer to a detriment on the grounds that:

   (a)  the trustee or officer has fulfilled, is fulfilling, or is proposing
        to fulfil, an obligation imposed on the trustee or officer; or

   (b)  the trustee or officer has exercised, is exercising, or is proposing
        to exercise, any of the trustee's powers or the officer's powers, as
        the case may be, in a particular way. Employers

(4) For the purposes of this section, an employer is taken to subject an
employee to a detriment if the employer:

   (a)  dismisses the employee; or

   (b)  injures the employee in his or her employment; or

   (c)  alters the position of the employee to the employee's prejudice.
        However, for the purposes of this section, an employer is taken not to
        subject an employee to a detriment if the employer:

   (a)  permanently ceases to be an employer-sponsor of a superannuation fund
        of which the employee is a member; or

   (b)  temporarily ceases to contribute to a superannuation fund in respect
        of a class of members in which the employee is included; or

   (c)  reduces the level of contributions to a superannuation fund in respect
        of a class of members in which the employee is included. Reasons

(5) In civil proceedings arising out of this section:

   (a)  it is not necessary for the plaintiff to prove the defendant's reason
        for the alleged action; and

   (b)  it is a defence if the defendant proves that the action was not
        motivated (whether in whole or in part) by the alleged reason.
        Obligations

(6) A reference in this section to an obligation imposed on a trustee or a
responsible officer is a reference to an obligation imposed on the trustee or
officer by this Act or the regulations, by the governing rules of the entity
concerned or otherwise. Powers

(7) A reference in this section to the powers of a trustee or a responsible
officer is a reference to the powers conferred on the trustee or the officer
by this Act or the regulations, by the governing rules of the entity concerned
or otherwise. Civil liability

(8) If:
(a) a person (the "defendant") commits an act of victimisation against:

        (i)    the trustee of an employer-sponsored fund; or

        (ii)   a responsible officer of a corporate trustee of an
               employer-sponsored fund; and

   (b)  the trustee or officer suffers loss or damage because of the act of
        victimisation; the trustee or officer may recover the amount of the
        loss or damage by action against the defendant.
Special meaning of "employee" and "employer"
(9) The meaning of the expressions "employee" and "employer", when used in
this section, is to be determined as if subsections 12(3) and (8) of the
Superannuation Guarantee (Administration) Act 1992 had not been enacted.
(Those subsections deem certain contractors to be employees.)