Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 57

  (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.