s 306
In forceReason for action to be presumed unless proved otherwise
Chapter 8Rights and responsibilities of employees, employers, organisations etc.
Part 1General protections
Division 7Ancillary rules
306 Reason for action to be presumed unless proved otherwise
(1)
Subsection (2) applies if—
(a)
in an application in relation to a contravention of a provision of this part, it is alleged that a person took, or is taking, action for a particular reason or with a particular intent; and
(b)
taking that action for that reason or with that intent would be a contravention of the provision.
(2)
It is presumed that the action was, or is being, taken for that reason or with that intent, unless the person proves otherwise.
(3)
Subsection (2) does not apply in relation to orders for an interim injunction.
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