47CVicarious liability

47C Vicarious liability

[Section 47C Inserted by No. 29 of 1994, s. 30 ]

(1)  [Section 47C Subsection (1) amended by No. 35 of 2006, s. 11, Applied:30 Apr 2007] [Section 47C Subsection (1) amended by No. 55 of 2004, s. 80, Applied:01 Jul 2005] If an offence is committed against section 17(4) , (5) or (5B) ,  18B , 21 (1) , 21 (3) , 41 (5) or 42 (5) by a person acting as the agent or servant of another person, the other person is, without prejudice to the liability of the agent or servant, liable under that section in the same manner and to the same extent as if he or she had committed the offence personally.

(2)  Notwithstanding subsection (1) , it is a defence for the other person referred to in that subsection to prove, on the balance of probabilities, that the offence was committed by the agent or servant without the person's knowledge or consent and that the person took reasonable precautions and exercised due diligence to prevent the agent or servant committing the offence.