Holder of PRCP schedule responsible for ensuring conditions of PRCP schedule complied with
431C Holder of PRCP schedule responsible for ensuring conditions of PRCP schedule complied with
The holder of a PRCP schedule must ensure everyone acting under the schedule complies with the conditions of the schedule.
If another person acting under the schedule commits an offence against section 431B, the holder also commits an offence, namely, the offence of failing to ensure the other person complies with the conditions.Maximum penalty—the penalty under section 431B(2) or (3) for the contravention of the conditions.
Evidence that the other person has been convicted of an offence against section 431B(2) or (3) while acting under the schedule is evidence that the holder committed the offence of failing to ensure the other person complies with the conditions of the schedule.
However, it is a defence for the holder to prove—
the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with the conditions of the schedule; and
the offence was committed without the holder’s knowledge; and
the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.
This Act’s bill:Explanatory memorandum
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