Western Australian Current Acts Western Australian Current Acts (1) If a person is
charged with an offence under this Act, the person’s employer at the
time the offence is alleged to have been committed may also be charged with
the offence.
(2) If a person and
the person’s employer are charged as permitted by subsection (1) and the
employee is convicted of the offence, the employer is to be taken to have also
committed the offence, subject to subsection (5).
(3) If a person
commits an offence under this Act then, although the person is not charged
with the offence, the person’s employer at the time the offence is
alleged to have been committed may be charged with the offence.
(4) If an employer is
charged as permitted by subsection (3) and it is proved that the
person’s employee committed the offence, the employer is to be taken to
have also committed the offence, subject to subsection (5).
(5) If under this
section an employer is charged with an offence it is a defence to prove
—
(a) that
the offence was committed without the employer’s consent or connivance;
and
(b) that
the employer took all the measures to prevent the commission of the offence
that the employer could reasonably be expected to have taken having regard to
all the circumstances.