89Liability of owners of places, land or structures

89 Liability of owners of places, land or structures

(1)  If –

(a) a place, land or structure is used as, or in connection with, a regulated business, cemetery or crematorium; and

(b) the place, land or structure is owned by a person other than the person carrying out the regulated business, the cemetery manager or the crematorium manager; and

(c) the owner of the place, land or structure has a direct, or indirect, ability to control or influence the use of the place, land or structure as the regulated business, cemetery or crematorium; and

(d) a provision of this Act is contravened in respect of the regulated business, cemetery or crematorium –

the owner of the place, land or structure is taken to have contravened that provision.

(2)  It is a defence in proceedings in respect of a contravention referred to in subsection (1) for the owner of the place, land or structure to prove that –

(a) the relevant person carrying out the regulated business, the cemetery manager or the crematorium manager contravened the provision without the owner’s knowledge; or

(b) the owner was not in a position to influence the conduct of the person carrying out the regulated business, the cemetery manager or the crematorium manager in relation to the contravention; or

(c) the owner, if in such a position, attempted to prevent the contravention.

(3)  An owner may be convicted of a contravention of a provision of this Act whether or not any other person has been convicted of its contravention.