Liability of employers, &c.
32 Liability of employers, &c.
Where an employee or agent:
(a) engages in conduct on behalf of another person within the scope of his or her authority; and
(b) the conduct constitutes an offence against this Act or the Regulations,
then the other person is guilty of the same offence and is liable to the same penalty.
(2) Proceedings may be instituted against the other person notwithstanding that the employee or agent has not been charged with the offence.
(3) It is a defence to a prosecution for an offence referred to in subsection (1) that the other person charged:
(a) did not authorise or permit the commission of the offence by the employee or agent; or
(b) took reasonable precautions and used due diligence to prevent the commission of the offence or an offence of the same or similar nature.
This provision refers to the regulations (the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
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