21/Dec/2001 - Current (at 31 Dec 2005)
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    35C. Liability of employer for offence of employee

    (1) Notwithstanding any other law or rule of law, where any person, as the employee of another person (in this section referred to as }the employer~) commits an offence against this Act, the employer is guilty of an offence against this Act in like manner as the employee (whether or not the offence was committed without his authority or contrary to his orders or instructions) and may be proceeded against and convicted accordingly unless he proves that he had no knowledge of the commission of the offence and could not, by the exercise of diligence, have prevented the commission of the offence.

    (2) The employer may be proceeded against and convicted pursuant to subsection (1) notwithstanding that the employee has not been proceeded against or has not been convicted under this Act.

    (3) Nothing in subsection (1) prejudices or affects any liability imposed by or under this Act on any person by whom an offence against this Act is actually committed.

    [Section 35C inserted by No. 51 of 1984 s. 21.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.