Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 44

44 Parties to offences

(1) This section applies and is to be given effect—

(a) without prejudice to the application of the Criminal Code , section 7 ; and

(b) notwithstanding the provisions of the Criminal Code , section 23 .

(2) Where an offence against this Act is committed in relation to a factory or shop or place of public amusement, of which there is more than 1 occupier (as defined by this Act), each such occupier is liable to be punished for the offence.

(a) the members of the governing body of the body corporate, by whatever name called;

(b) persons who manage or participate in the management or control of the body corporate’s business in the State.

(3) Notwithstanding the provisions of subsection (2) , a person is not liable to be punished for an offence for which the person would otherwise be liable to be punished if it is shown that the person committed the contravention or failure to comply as an employee acting under the express direction of the person’s employer.