Frivolous complaint
216 Frivolous complaint
The commission may give notice to a person that a complaint about, or information or matter (also a complaint) involving, corruption made by the person to the commission will not be investigated or further investigated by the commission because it appears to concern frivolous matter.
The notice must advise the person that if the person again makes the same or substantially the same complaint to the commission the person commits an offence punishable by a fine of 85 penalty units or 1 year’s imprisonment or both.
A person who, after receiving the notice mentioned in subsection (2), again makes the same or substantially the same complaint to the commission commits an offence.
Maximum penalty—85 penalty units or 1 year’s imprisonment.
It is a defence to prove that the complaint did not concern frivolous matter.
In this section—
make, a complaint to the commission, means—
make a complaint to the commission under section 36; or
make a complaint to another entity that is under an obligation to refer the complaint to the commission; or
cause a complaint to be referred to the commission.
This Act’s bill:Explanatory memorandum
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