• Specific Year
    Any

FOOD ACT 2008 - SECT 127

FOOD ACT 2008 - SECT 127

127 .         Offences by employees — liability of employer

        (1)         If an employee contravenes any provision of this Act, the employer is taken to have contravened the same provision whether or not the employee contravened the provision —

            (a)         without the employer’s authority; or

            (b)         contrary to the employer’s orders or instructions.

        (2)         It is a defence in proceedings against an employer for such a contravention if it is established that the employer —

            (a)         had no knowledge of the contravention; and

            (b)         could not, by the exercise of due diligence, have prevented the contravention.

        (3)         An employer may be proceeded against and convicted under a provision in accordance with this section whether or not the employee has been proceeded against or convicted under that provision.