Queensland Consolidated Acts

TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 45

45 Liability for offence committed by employee

(1) This section applies and is to be given effect, notwithstanding the Criminal Code , section 23 .

(2) Where an offence against this Act is committed by a person acting therein as an agent or employee of another, the principal or employer of that person is taken to have committed the offence and may be charged with the offence, in addition to the person who actually committed the offence.

(3) It is immaterial that the offence was committed without the authority of, or contrary to the instructions of, the principal or employer.

(4) It is a defence to a charge of an offence made pursuant to subsection (2) that the defendant had no knowledge of the commission of the offence and could not, by the exercise of reasonable diligence, have prevented commission of the offence by the defendant’s agent or employee.