QLDIn ForceAct
Industrial Relations Act 2016
sec.306Reason for action to be presumed unless proved otherwise
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### sec.306 Reason for action to be presumed unless proved otherwise
Subsection (2) applies if—
in an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and
taking that action for that reason or with that intent would be a contravention of the provision.
It is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.
Subsection (2) does not apply in relation to orders for an interim injunction.
(sec.306-ssec.1) Subsection (2) applies if— in an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and taking that action for that reason or with that intent would be a contravention of the provision.
(sec.306-ssec.2) It is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.
(sec.306-ssec.3) Subsection (2) does not apply in relation to orders for an interim injunction.
- (a) in an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and
- (b) taking that action for that reason or with that intent would be a contravention of the provision.