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Consumer Affairs and Fair Trading Act 1990
324Licensee's liability for employees, agents
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324 Licensee's liability for employees, agents
(1) If an employee or agent of the licensee commits an offence against
this Part for which the licensee would have been liable had it been
committed by the licensee, the licensee is to be treated as having
committed an offence and is liable to the penalty prescribed for the
offence committed by the employee or agent.
(2) Proceedings under this section may be taken against a licensee
whether or not proceedings are taken against the employee or
agent and whether or not the employee or agent was convicted of
the offence.
(3) In proceedings for an offence against this section:
(a) it is not a defence that the licensee did not know of, or could
not reasonably have been aware of or have prevented, the
offence being committed by the employee or agent; and
(b) it is a defence, proof of which is on the licensee, that the
licensee had taken reasonable steps to prevent the
commission of the offence.