Offences by employees — liability of employer

Current

(1)

If an employee contravenes any provision of this Act, the employer is to be taken to have contravened the same provision whether or not the employee contravened the provision —

(a)

without the employer’s authority; or

(b)

contrary to the employer’s orders or instructions.

(2)

In proceedings against an employer for such a contravention, it is a defence to prove that the employer —

(a)

had no knowledge of the contravention; and

(b)

could not, by the exercise of due diligence, have prevented the contravention.

(3)

An employer may be proceeded against and convicted under a provision in accordance with this section whether or not the employee has been proceeded against or convicted under that provision.

This Act’s bill:Explanatory memorandum Second reading speech

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281 Offences by employees — liability of employer