s 104
In forceLiability of regulated entity
Part 9Miscellaneous
104 Liability of regulated entity
If an agent of a regulated entity commits an offence under this Act – the regulated entity is taken to have committed the offence; and proceedings for the offence may be brought against the regulated entity whether or not proceedings are brought against the agent.
It is a defence in proceedings for an offence under subsection (1) if the regulated entity can show that it – issued written instructions and took reasonable precautions to ensure compliance with this Act; and did not know the offence had been committed; and could not reasonably have prevented the commission of the offence.
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