Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An employer who:
(a) refuses to employ, or to pay salary or wages to, another person;
(b) dismisses, or threatens to dismiss, another person from the other person's employment;
(c) terminates, or threatens to terminate, the payment of salary or wages to another person;
(d) prejudices, or threatens to prejudice, another person in the other person's employment or otherwise in the receipt of salary or wages; or
(e) intimidates or coerces, imposes any pecuniary or other penalty on, or takes any other disciplinary action in relation to, another person;
because the other person:
(f) is the payer of a registrable maintenance liability or any other deductible liability; or
(g) is an employee in relation to whom a notice has been given to the employer under subsection 45(1);
commits an offence punishable on conviction by a fine not exceeding 20 penalty units.
(1A) Strict liability applies to the element of an offence against subsection (1) that a notice is a notice given under subsection 45(1).
(2) In a prosecution for an offence against subsection (1), it is not necessary for the prosecutor to prove the reason for the defendant's action, but it is a defence to the prosecution if the defendant proves, on the balance of probabilities, that the action was not motivated (either in whole or in part) by a reason specified in that subsection.
(3) Where an employer is convicted of an offence against subsection (1) constituted by an act done in relation to a person, the court may:
(a) order the payment of compensation to the person for loss or damage suffered as a result of the act; and
(b) order the taking of action to remedy or reduce the loss or damage suffered by the person as a result of the act.