New South Wales Repealed Acts

This legislation has been repealed.

STOCK (ARTIFICIAL BREEDING) ACT 1985 - SECT 39

39 Liability of employers

(1) Where any person, as the employee of another person (who is in this section referred to as "the employer") contravenes any provision of this Act or the regulations, the employer shall be deemed to have contravened the same provision unless the employer satisfies the court that:

(a) the employer did not authorise or permit the contravention by the employee, and

(b) the employer used all due diligence to prevent the contravention.

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

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