Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 150

150. (1) A person shall not—

        (a)     use violence to or inflict injury upon;

        (b)     cause or procure violence, damage, loss or disadvantage to; or

        (c)     cause or procure the punishment of;

a person on account of the person's giving, or proposing to give, evidence to an Inquiry.

Penalty: $5,000 or imprisonment for 6 months, or both.

(2) An employer shall not—

        (a)     dismiss an employee from his or her employment, or prejudice an employee in his or her employment, on account of the employee's giving, or proposing to give, evidence to an Inquiry; or

        (b)     threaten so to dismiss, or so to prejudice, an employee on account of the employee's proposing to give evidence to an Inquiry.

Penalty: $5,000 or imprisonment for 6 months, or both.

(3) For the purposes of paragraph (2) (a), in proceedings for an offence against subsection (2), if it is established that an employer dismissed an employee from his or her employment, or prejudiced an employee in his or her employment, after the employee gave, or proposed to give, evidence to an Inquiry, it is to be presumed that that dismissal or prejudice was by reason of the employee's giving, or proposing to give, evidence at the Inquiry, but that presumption is rebuttable.

(4) For the purposes of paragraph (2) (b), in proceedings for an offence against subsection (2), if it is established that an employer threatened to dismiss an employee from his or her employment, or to prejudice an employee in his or her employment, after the employee proposed to give evidence to an Inquiry, it is to be presumed that that threat was by reason of the employee's proposal, but that presumption is rebuttable.