48ALiability of employer or body corporate

48A Liability of employer or body corporate

[Section 48A Inserted by No. 26 of 2008, s. 26, Applied:29 Jul 2008]

(1)  If an employee is charged with an offence under this Act and the employee proves to the satisfaction of a court that he or she was acting on the instructions of his or her employer, the court may –

(a) while continuing to hear the proceedings against the employee, order the employer to appear and answer the charge as if the employer had also been charged with the offence; or

(b) dismiss the charge against the employee and order the employer to appear and answer the charge as if the employer had been charged with the offence; or

(c) continue to hear the proceedings against the employee and take no further action in respect of the employer; or

(d) dismiss the charge against the employee and take no further action in respect of the charge.

(2)  If a body corporate commits an offence against this Act –

(a) each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person shows that –

(i) the act or omission constituting the offence took place without the person's knowledge or consent; or

(ii) the person used all due diligence to prevent the act or omission by the body corporate; and

(b) the obligations of the body corporate under this Act are not dissolved by the dissolution of the body corporate, or by the body corporate becoming an externally administered body corporate within the meaning of the Corporations Act, after the day the offence took place.