Biosecurity Act 1993

Enforcement, offences, and penalties - Offences

156: Liability of principals and agents

You could also call this:

"When you break the rules at work, your boss can get in trouble too if they knew or agreed."

If you do something wrong under the Biosecurity Act 1993, and you are working for someone else, your boss can also get in trouble. This happens if your boss said it was okay to do the wrong thing, or if they knew about it and did not try to stop you. You are responsible for making sure the people working for you follow the rules. If a company breaks the rules, the people in charge of the company can also be guilty of the same offence if they knew about it or said it was okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316722.


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155: Proof of permission, etc, or

"Proving you had permission to do something"


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157: Penalties, or

"What happens if you break the Biosecurity Act 1993 rules: penalties and fines"

Part 8Enforcement, offences, and penalties
Offences

156Liability of principals and agents

  1. If an offence is committed against any of the provisions of this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act, in the same manner and to the same extent as if he or she had personally committed the offence, if it is proved that the act that constituted the offence took place with his or her authority, permission, or consent, or that he or she knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

  2. Where any body corporate is convicted of an offence against this Act, every person, being a director or a person concerned in the management of the body corporate, shall be guilty of the same offence if it is proved that the act that constituted the offence took place with that person's authority, permission, or consent, or that the person knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.