Commonwealth Consolidated Acts

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Dismissal by employers of witness

             (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 ).

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