50Offences

50 Offences

(1)  A person must not intentionally prevent, or intentionally try to prevent, a person who is required by the Commissioner to appear before the Commissioner from attending as a witness or producing any document or thing to the Commissioner for the purposes of an inquiry.

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 an inquiry or produced or surrendered any document or thing to the Commissioner for the purposes of an inquiry; or

(b) any evidence given by that other person before an inquiry or any document or thing produced or surrendered by that other person to the Commissioner for the purposes of an inquiry.

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 an inquiry or produced or surrendered any document or thing to the Commissioner for the purposes of an inquiry; or

(b) any evidence given by that employee before an inquiry or any document or thing produced or surrendered by that employee to the Commissioner for the purposes of an inquiry.

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 from or prejudiced in employment was so dismissed or prejudiced for some reason other than a reason specified in subsection (3) .