New South Wales Consolidated Acts
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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 28
Liability of employers
28 Liability of employers
(1) If an employee contravenes section 22 or 24, the employer is taken to have
contravened that section (whether or not the employee contravened the
provision without the employer's authority or contrary to the employer's
orders or instructions).
(2) It is a defence to a prosecution against an
employer for such a contravention if it is established--
(a) that the employer
had no prior knowledge of the contravention, and
(b) that the employer could
not, by the exercise of due diligence, have prevented the contravention.
An employer may be proceeded against and convicted under section 22 or 24 by
virtue of this section whether or not the employee has been proceeded against
or convicted under that provision.
(4) For the purposes of this section, any
person who authorised a person who contravenes section 22 to sell
tobacco products, non-tobacco smoking products, e-cigarettes or e-cigarette
accessories as the person's agent is taken to be an employer of a person who
contravenes section 22.
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