(1) Any employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee having:
(a) appeared as a witness before a Royal Commission; or
(b) given evidence before a Royal Commission; or
(c) produced a document or thing, or given information or a statement, pursuant to a summons, requirement or notice under section 2;
commits an indictable offence.
Penalty: 10 penalty units or imprisonment for 1 year.
(2) Subsection (1) does not apply if the employee was dismissed or prejudiced in his or her employment for some reason other than the reasons mentioned in subsection (1).
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).