211Liability of employer

211 Liability of employer

(1)  [Section 211 Subsection (1) amended by No. 49 of 2015, s. 6, Applied:01 Jul 2016] If an employee commits an offence under this Act, the employer of that employee–

(a) [Section 211 Subsection (1) amended by No. 49 of 2015, s. 6, Applied:01 Jul 2016] is taken to have committed that offence; and

(b) may be proceeded against for that offence whether or not the employee is proceeded against for that offence.

(2)  [Section 211 Subsection (2) substituted by No. 7 of 2007, s. 51, Applied:30 Apr 2007] It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that the defendant –

(a) did not know the offence had been committed; and

(b) could not reasonably have prevented the commission of the offence; and

(c) [Section 211 Subsection (2) amended by No. 49 of 2015, s. 6, Applied:01 Jul 2016] had, before the offence occurred, taken reasonable steps to have the employee comply with this Act; and

(d) took reasonable steps to minimise the impact of the offence on fish and the marine environment.