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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 215 Persons who are liable for offences

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 215

Persons who are liable for offences

    (1)     If two or more persons are responsible for the same offence against this Act or the regulations, each of those persons is liable to the penalty provided by this Act or the regulations for that offence and the liability of each of them is independent of the liability of any other person.

    (2)     If this Act or the regulations provide that a person is guilty of an offence and the person who is guilty of the offence is a partnership, firm, unincorporated body or association, the reference to a person must be construed as a reference to each member of the partnership or firm or of the committee of management of the unincorporated body or association who knowingly authorised or permitted the commission of the offence.

    (3)     If in any proceeding for an offence against this Act or the regulations against a person who is a partnership, firm, unincorporated body or association it is necessary to establish the state of mind of the partnership, firm, unincorporated body or association, it is sufficient to show that an employee or agent of the partnership, firm, unincorporated body or association had that state of mind.

Division 4—Proceedings and legal matters