Commonwealth Numbered Acts

ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 No. 164 of 1974 - SECT 23

23. (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 his
        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 him
        before a Commission.

Penalty: $1,000 or imprisonment for 6 months.

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

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

Penalty: $1,000 or imprisonment for 6 months.

(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 employment and that, before he was so dismissed or
        prejudiced, he 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 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 employment, or was prejudiced, or threatened
        with prejudice, in his employment and that, before he was so
        dismissed, threatened with dismissal, prejudiced or threatened with
        prejudice, he 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 proposed so
        to appear as a witness or to give evidence.

(4) This section binds Australia as an employer, but does not render Australia
liable to prosecution.