Thing is you can't go to jail under 18C
Only two instances can a person be imprisoned under the Racial Discrimination Act
Quote:27(2)
(a) refuse to employ another person; or
(b) dismiss, or threaten to dismiss, another person from the other person’s employment; or
(c) prejudice, or threaten to prejudice, another person in the other person’s employment; or
(d) intimidate or coerce, or impose any pecuniary or other penalty upon, another person;
by reason that the other person:
(e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or
(f) has furnished, or proposes to furnish, any information or documents to a person exercising or performing any powers or functions under this Act or the Australian Human Rights Commission Act 1986; or
(g) has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986.
Penalty for an offence against subsection (2):
(a) in the case of a natural person—25 penalty units or imprisonment for 3 months, or both
Quote:27F
A person who is, or has at any time been, the Commissioner, a member of the Commission or a member of the staff assisting the Commission or is, or has at any time been, authorised to perform or exercise any function or power of the Commission or the Commissioner or any function or power on behalf of the Commission or the Commissioner, being a function or power conferred on the Commission or on the Commissioner under this Act, shall not, either directly or indirectly:
(a) make a record of, or divulge or communicate to any person, any information relating to the affairs of another person acquired by the first‑mentioned person by reason of that person’s office or employment under or for the purpose of this Act or by reason of that person being or having been so authorised;
or
(b) make use of any such information as is mentioned in paragraph (a); or
(c) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.
Penalty: 50 penalty units or imprisonment for 1 year, or both.
Toben however was given a specific instruction by the court to stop what he was doing. He decided to ignore that directive and was locked up. A clear case of contempt of court. Toben unreservedly apologised for his breaches of court orders and said he would not withdraw his apology as he had in the past.
It wasn't the first time he was locked up. In 1998 he was imprisoned for denying the Holocaust but that happened in Germany and they kinda don't like it when you say it didn't happen. Still a sensitive subject for them.