Part 8Offences
Further provisions relating to offences
164Liability of employers and principals
Subject to subsection (3), where any offence is committed against this Act or any regulations made under this Act by a person as the employee of another person, that offence must, for the purposes of this Act, be treated as committed by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval.
Where an offence is committed against this Act or any regulations made under this Act by a person acting as the agent of another person, that offence must, for the purposes of this Act, be treated as committed by that other person as well as by the first-mentioned person, unless it is done without that other person's express or implied authority.
In any proceedings for an offence against this Act or any regulations made under this Act against any person in respect of any offence alleged to have been committed against this Act or any regulations made under this Act by an employee of that person, it is a defence for that person to prove,—
- in the case of a natural person,—
- that he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed and that he or she took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or
- that he or she took such steps as were reasonably practicable to prevent the commission of the offence and that he or she took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred:
- that he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed and that he or she took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or
- in the case of a body corporate,—
- that neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
- the body corporate took such steps as were reasonable in all the circumstances to investigate or remedy the effects of the action or event after it occurred.
- that neither the directors nor any person involved in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and