Australian Capital Territory Numbered Acts

DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 (NO. 34 OF 2009) - SECT 186

    (1)     A person commits an offence if—

        (a)     the person is an employer of another person (the employee ); and

        (b)     the person—

              (i)     dismisses the employee; or

              (ii)     injures the employee during the employment; or

              (iii)     alters an employee's position to the employee's detriment; and

        (c)     the person acts under paragraph (b) because the employee—

              (i)     complained about a breach, or alleged breach, of this Act or a corresponding law to—

    (A)     the employer; or

    (B)     another employee; or

    (C)     a trade union; or

    (D)     a public agency; or

              (ii)     assisted or gave information to a public agency in relation to a breach, or alleged breach, of this Act or a corresponding law.

Maximum penalty: 100 penalty units.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (2)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant acted for a reason other than a reason mentioned in subsection (1) (c).

Note     The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).