sec.351Liability for offences by servants, agents or employees

### sec.351 Liability for offences by servants, agents or employees Where a person commits an offence against this Act as servant, agent or employee, then, without derogating from the Criminal Code , section 7 , the employer of that person is, subject to subsection (2) , taken— to have committed the offence; and to be criminally responsible for the act or omission that constitutes the offence; and, despite the Criminal Code , section 23 , or any other rule of law or practice, may be charged with the offence and punished accordingly. It is a defence to a prosecution for an offence against an employer referred to in subsection (1) to prove that the offence was committed without the employer’s consent or connivance and that the employer exercised due diligence to prevent the commission of the offence. In proceedings for an offence against this Act alleged to have been committed by a defendant as servant, agent or employee, the court must not convict the defendant if the evidence establishes that— the offence was committed while the business of the defendant’s employer was being conducted under the personal supervision of the employer or any manager or any other representative of the employer; and the reason that the defendant committed the offence was that the dependant had been compelled to do so by the employer, manager or representative. Except as provided by subsection (2) , this section applies so as not to prejudice liability imposed by or under this Act on any person by whom an offence against this Act is actually committed. s 351 amd 1992 No. 35 sch (sec.351-ssec.1) Where a person commits an offence against this Act as servant, agent or employee, then, without derogating from the Criminal Code , section 7 , the employer of that person is, subject to subsection (2) , taken— to have committed the offence; and to be criminally responsible for the act or omission that constitutes the offence; and, despite the Criminal Code , section 23 , or any other rule of law or practice, may be charged with the offence and punished accordingly. (sec.351-ssec.2) It is a defence to a prosecution for an offence against an employer referred to in subsection (1) to prove that the offence was committed without the employer’s consent or connivance and that the employer exercised due diligence to prevent the commission of the offence. (sec.351-ssec.3) In proceedings for an offence against this Act alleged to have been committed by a defendant as servant, agent or employee, the court must not convict the defendant if the evidence establishes that— the offence was committed while the business of the defendant’s employer was being conducted under the personal supervision of the employer or any manager or any other representative of the employer; and the reason that the defendant committed the offence was that the dependant had been compelled to do so by the employer, manager or representative. (sec.351-ssec.4) Except as provided by subsection (2) , this section applies so as not to prejudice liability imposed by or under this Act on any person by whom an offence against this Act is actually committed. - (a) to have committed the offence; and - (b) to be criminally responsible for the act or omission that constitutes the offence; - (a) the offence was committed while the business of the defendant’s employer was being conducted under the personal supervision of the employer or any manager or any other representative of the employer; and - (b) the reason that the defendant committed the offence was that the dependant had been compelled to do so by the employer, manager or representative.