Liability of employers and principals
290 Liability of employers and principals
If an employee or agent commits an offence under this Act – the employer or the principal is taken to have committed that offence; and proceedings for that offence may be brought against the principal or employer whether or not proceedings are brought against the employee or agent.
It is a defence in proceedings for an offence under subsection (1) if the employer or principal can show that he or she – did not know the offence had been committed; and could not reasonably have prevented the commission of the offence; and if practicable to do so, took reasonable action to minimise the impact of the offence on other users of the relevant water resource and the aquatic environment.
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