235Offences by employees or agents

235 Offences by employees or agents

(1)  It is not a defence in proceedings for an offence under this Act that the defendant was, at the time of the commission of the offence, an employee or agent of another person and was acting for, or on behalf of, the other person.

(2)  Despite subsection (1) , it is a defence in proceedings for an offence under this Act if the defendant establishes that –

(a) at the time of the commission of the offence, the defendant was acting under the direction or supervision of –

(i) the owner of, or the person carrying on, the day-to-day operation of an entity; or

(ii) the owner or person in charge of premises, a place, a vehicle, or a thing in relation to which the offence was committed; or

(iii) another person representing that owner or person in charge; and

(b) his or her actions were as a direct result of that direction or supervision; and

(c) the defendant could not have reasonably known that his or her actions would constitute an offence under this Act.

(3)  Except with leave of the court, a defence under subsection (2) is only available if the person intending to rely on the defence gives written notice to the court and each other party to proceedings, before relying on the defence, stating –

(a) the person's intention to rely on the defence; and

(b) the name and address of the owner or person in charge who gave the direction, or provided the supervision, that is the basis of the defence.