Holder of authority responsible for ensuring Act complied with
219 Holder of authority responsible for ensuring Act complied with
The holder of an authority must ensure that everyone acting under the authority complies with this Act.
If another person acting under the authority commits an offence against a provision of this Act, the holder of the authority also commits an offence, namely, the offence of failing to ensure the other person complied with the provision.
Maximum penalty—the penalty prescribed for contravention of the provision.
Evidence that the other person has been convicted of an offence against the provision while acting under the authority is evidence that the holder of the authority committed the offence of failing to ensure the other person complied with the provision.
However, it is a defence for the holder of the authority to prove—
the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with this Act; 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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