33Offences

33 Offences

(1)  A person must not intentionally prevent or intentionally try to prevent a person who is required by a Commission to appear before it from attending as a witness or producing any document or thing to the Commission.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(2)  A person must not use, cause, inflict or procure any violence, punishment, damage, loss or disadvantage to another person for or on account of –

(a) that other person having given evidence before a Commission or produced or surrendered any document or thing to a Commission; or

(b) any evidence given by that other person before a Commission or any document or thing produced or surrendered by that other person to a Commission.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(3)  An employer must not dismiss an employee from employment or prejudice an employee in employment for or on account of –

(a) that employee having given evidence before a Commission or produced or surrendered any document or thing to a Commission; or

(b) any evidence given by that employee before a Commission or any document or thing produced or surrendered by that employee to a Commission.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years.

(4)  In any proceedings for an offence under subsection (3) , it lies on the employer to prove, on the balance of probabilities, that the employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than a reason specified in subsection (3) .