FAIR WORK ACT 1994 - SECT 232
FAIR WORK ACT 1994 - SECT 232
(1) In proceedings
against an employer for an offence against this Act, it is a defence to
show—
(a) that
another person was responsible for the act or omission constituting the
offence; and
(b) that
the defendant employer used all due diligence to prevent the commission of the
offence; and
(c) that
the offence was committed without the knowledge of the defendant employer and
in contravention of the employer's orders.
(2) If a defence is
made out by an employer under subsection (1), the person responsible for
the act or omission alleged to constitute the offence may be prosecuted and
convicted of the offence as if that person were the employer.
(3) In proceedings
against an employee for an offence against this Act, it is a defence to show
that the defendant used all due diligence to prevent the commission of the
offence.