62Offences by employers and contractors

62 Offences by employers and contractors

(1)  An employer commits an offence against this Act, and is liable to the penalty for that offence, if a person commits the offence in the course of that person's employment by the employer unless it is proved that –

(a) the employer –

(i) did not authorise or permit the acts or omissions that constituted the offence; and

(ii) used all reasonable diligence to prevent them; or

(b) the employee would not have been convicted of the offence because of a defence available under this Act.

(2)  A person who has contracted with another person for the provision of services by that other person commits an offence against this Act, and is liable to the penalty for that offence, if that other person commits the offence in the course of providing those services for the person unless it is proved that –

(a) the person –

(i) did not authorise or permit the acts or omissions that constituted the offence; and

(ii) used all reasonable diligence to prevent them; or

(b) that other person would not have been convicted of the offence because of a defence available under this Act.