Holder of authority responsible for ensuring Act complied with
204 Holder of authority responsible for ensuring Act complied with
The holder of an authority must ensure that everyone acting under the authority complies with the authority and the requirements of this Act relating to the authority.
If another person acting under the authority does not comply with the authority or the requirements of this Act relating to the authority, the holder commits an offence, namely, the offence of failing to ensure the other person complied with the authority or the requirements of this Act relating to the authority.
Maximum penalty—the penalty prescribed for contravention of the authority or the requirements of this Act relating to the authority.
Evidence that the other person has been convicted of an offence against this Act while acting under the authority is evidence that the holder committed the offence of failing to ensure the other person complied with the authority and the requirements of this Act relating to the authority.
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 authority and the requirements of this Act relating to the authority; 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.
In this section—
authority means a permit or commercial activity agreement or other authority under this Act.
holder, of an authority, means, in relation to a commercial activity agreement, the other party to the agreement.
This Act’s bill:Explanatory memorandum
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