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BIOLOGICAL CONTROL ACT 1987 - SECT 49
Witness not to be prejudiced
49 Witness not to be prejudiced
(1) A person shall not— (a) use violence against or inflict injury on; or
(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— Maximum penalty—40
penalty units or imprisonment for 1 year.
(2) Without limiting the
generality of subsection (1) , an employer shall not— (a) dismiss an
employee from the employee’s employment, or prejudice an employee in the
employee’s 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 the employee’s employment
or prejudice, or threaten to prejudice, an employee in the employee’s
employment, by reason that the employee proposes to appear as a witness or to
give evidence at an inquiry by a commission.
Penalty— Maximum
penalty— (a) in the case of a body corporate—200 penalty units; or
(b) in
any other case—40 penalty units or imprisonment for 1 year.
(3) In any
proceedings arising out of subsection (2) — (a) if it is established that
the employee was dismissed from, or prejudiced in, the employee’s employment
and that, before the employee was so dismissed or prejudiced, the employee
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 so dismissed or prejudiced by reason that the employee so appeared as a
witness or gave evidence; or
(b) if it is established that the employee was
dismissed, or threatened with dismissal, from the employee’s employment, or
was prejudiced, or threatened with prejudice, in the employee’s employment
and that, before the employee was so dismissed, threatened with dismissal,
prejudiced or threatened with prejudice, the employee 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 the
employee proposed so to appear as a witness or to give evidence.
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