179Liability for offences by servants, agents or employees

179 Liability for offences by servants, agents or employees (1) Where a person commits an offence against this Act as a servant, agent or employee, then, without limiting section 12 of the Criminal Code, the employer of that person is, subject to subsection (2), taken: (a) to have committed the offence; and (b) to be criminally responsible for the act or omission that constitutes the offence, and, notwithstanding any other rule of law or practice, may be charged with and convicted of the offence.

Gaming Machine Act 1995 154 (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. (3) In proceedings for an offence against this Act alleged to have been committed by a defendant as servant, agent or employee, the court shall not convict the defendant if the evidence establishes that: (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 defendant had been compelled to do so by the employer, manager or representative. (4) Except as provided by subsection (2), this section does not prejudice any liability imposed by or under this Act on any person by whom an offence against this Act is actually committed.