Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Offences: Defences
254Defence in prosecution of body corporate, principal, or individual for action of director, agent, or employee
This section applies when a defendant's liability to prosecution arises under section 246.
The defendant has a defence if the defendant proves that the defendant took all reasonable steps to prevent the commission of—
- the particular offence; or
- all offences of the class committed.
Subsection (2) is subject to subsection (4).
The defence under subsection (2) is available to a defendant only to the extent that it can be proved in relation to the act or omission of the relevant other person referred to in section 246, unless the court is satisfied that it would be repugnant to justice for that defence to be so limited, having regard to—
- any likely or possible benefit accruing to, or detriment suffered by, the person or body corporate from the act or omission in respect of which the proceedings are brought had the alleged offence remained undetected; and
- the purpose or motive of the relevant other person; and
- the relationship between the defendant and the relevant other person, or between the defendant and any person appearing or likely to benefit from the alleged offence; and
- if the defendant is a body corporate, whether or not any person responsible for, or closely associated with, the management of the body corporate appears to have benefited from the act or omission, or would have been likely to benefit if the alleged offence had remained undetected; and
- whether or not the defendant had taken all reasonable steps and exercised due diligence to control the activities of the relevant other person to ensure that the act or omission did not occur.