Liability of principals for offence by agent
145 Liability of principals for offence by agent
If a person (the agent) acting, otherwise than as an employee, for or on behalf of another person (the principal) is charged with an offence under this Act, the principal may also be charged with the offence.
If a principal is charged as permitted by subsection (1) and the agent is convicted of the offence, the principal is to be taken to have also committed the offence, subject to subsection (5).
If a person (the agent) acting, otherwise than as an employee, for or on behalf of another person (the principal) commits an offence under this Act, then, although the agent is not charged with the offence, the principal may be charged with the offence.
If a principal is charged as permitted by subsection (3) and it is proved that the agent committed the offence, the principal is to be taken to have also committed the offence, subject to subsection (5).
If under this section a principal is charged with an offence it is a defence to prove that —
the offence was committed without the principal’s consent or connivance; and
the principal took all the measures to prevent the commission of the offence that the principal could reasonably be expected to have taken having regard to all the circumstances.
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