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s 10

Offences by employers

In force

10 Offences by employers

(1)

If an employee commits an offence against this Act or the Regulations, the employee's employer is taken to have committed the offence to the same extent as the employee.

(2)

It is a defence to a prosecution of an employer for an offence referred to in subsection (1) that the employer did not authorise (either expressly or by implication) the actions of the employee constituting the offence.

(3)

A proceeding may be brought against an employer and an order or finding of guilt may be made in respect of the employer by virtue of subsection (1) whether or not the employee has been or is being proceeded against or an order or finding of guilt has been or will be made in respect of the employee.

(4)

In this section:

employee includes a person who provides services to another person under a contract with the other person or a third party.

employer includes a person to whom another person provides services under a contract with the other person or a third party.

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