Commonwealth Numbered Acts

Biological Control Act 1984 No. 139 of 1984 - SECT 51

51. (1) A person shall not-

   (a)  use violence to or inflict injury on;

   (b)  cause or procure violence, damage, loss or disadvantage to; or

   (c)  cause or procure the punishment of, a person for or on account of the
        last-mentioned person having appeared, or being about to appear, as a
        witness at an inquiry by a Commission or for or on account of any
        evidence given by the last-mentioned person before a Commission.
Penalty: $2,000 or imprisonment for one year, or both.

(2) Without limiting the generality of sub-section (1), an employer shall not-

   (a)  dismiss an employee from his or her employment, or prejudice an
        employee in his or her employment, by reason that the employee has
        appeared as a witness, or has given any evidence, at an inquiry by a
        Commission; or

   (b)  dismiss, or threaten to dismiss, an employee from his or her
        employment or prejudice, or threaten to prejudice, an employee in his
        or her employment, by reason that the employee proposes to appear as a
        witness or to give evidence at an inquiry by a Commission.

Penalty:

   (a)  if the offender is a natural person-$2,000 or imprisonment for one
        year, or both; or

   (b)  if the offender is a body corporate-$10,000.

(3) In any proceedings arising out of sub-section (2)-

   (a)  if it is established that the employee was dismissed from, or
        prejudiced in, his or her employment and that, before he or she was so
        dismissed or prejudiced, he or she appeared as a witness, or gave any
        evidence, at an inquiry by a Commission-the burden lies on the
        employer of proving that the employee was not dismissed or prejudiced
        by reason that he or she so appeared as a witness or gave evidence; or

   (b)  if it is established that the employee was dismissed, or threatened
        with dismissal, from his or her employment, or was prejudiced, or
        threatened with prejudice, in his or her employment and that, before
        he or she was so dismissed, threatened with dismissal, prejudiced or
        threatened with prejudice, he or she proposed to appear as a witness,
        or to give evidence, at an inquiry by a Commission-the burden lies on
        the employer of proving that the employee was not so dismissed,
        threatened with dismissal, prejudiced or threatened with prejudice by
        reason that he or she proposed so to appear as a witness or to give
        evidence.