Offences by employers (vicarious liability)

In force

(1)

If an employee or agent commits an offence under this Act, the employer or principal is taken to have committed the same offence.

(2)

It is a defence in proceedings for an offence to which subsection (1) applies if the defendant establishes—

(a)

that the employer or principal (as the case may be) could not by the exercise of due diligence have prevented the commission of the offence; or

(b)

that the offence did not occur in the course of the employment or agency.

(3)

An employer or principal may be prosecuted and convicted of an offence to which subsection (1) applies whether or not the employee or agent has been prosecuted or convicted of the principal offence.

This Act’s bill:Second reading speech

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254 Offences by employers (vicarious liability)