Occupational Licensing Act 2005

Where a person commits an offence against this Act – any other person who has the management or control of the offender; or any person who is a nominated manager in respect of the offender – is also guilty of that offence and liable to a penalty not exceeding the maximum penalty prescribed for the offence.

If a licensed entity commits an offence under this Act – if the licensed entity is a body corporate, each director or manager of the licensed entity; or if the licensed entity is a partnership, each partner of the licensed entity; or if the licensed entity is a council, each person who has the management or control of the licensed person for the licensed entity – is taken to have committed the offence and is punishable accordingly, whether or not proceedings have been brought against the licensed entity.

It is a defence to a charge for an offence arising under subsection (1) or (1A) if the person charged can show that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the offence.

A person who under subsection (1) or (1A) is charged with an offence against this Act may be convicted of the offence whether or not proceedings have been brought against any other person.

Subject to subsection (1A), if a body corporate commits an offence against this Act – each director or manager of the body corporate who authorised or permitted the offence is also guilty of an offence and is liable to a penalty not exceeding the maximum prescribed for the body corporate's offence; and a director or manager of the body corporate may be convicted of an offence under this section whether or not proceedings have been brought against the body corporate.