Offences by employees and agents
256 Offences by employees and agents
It is not a defence in proceedings for an offence under this Act that the defendant was, at the time of the commission of an offence, an employee or agent of another person and was acting for, or on behalf of, the other person.
Despite subsection (1), it is a defence in proceedings for an offence under this Act if the defendant establishes—
that at the time of the commission of the offence, the defendant was acting under the direction or supervision of—
the owner of, or the person carrying on the day-to-day operation of, an entity; or
the owner or person in charge of premises, a place, a vehicle, or a thing in relation to which the offence was committed; or
another person representing that owner or person referred to in a preceding subparagraph; and
that the defendant's actions were as a direct result of that direction or supervision; and
that the defendant could not have reasonably known that the defendant's actions would constitute an offence under this Act.
This Act’s bill:Second reading speech
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