Environmental Protection Act 1994

The holder of a transitional environmental program must ensure everyone acting under the program complies with the program.

If another person acting under the program commits an offence against section 432, the holder also commits an offence, namely, the offence of failing to ensure the other person complies with the program.Maximum penalty—the penalty under section 432(1) or (2) for the contravention of the program.

Evidence that the other person has been convicted of an offence against section 432 while acting under the program is evidence that the holder committed the offence of failing to ensure the other person complies with the program.

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 program; 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.