211Liability of employer

### 211 Liability of employer > > (1)  [*\[Section 211 Subsection (1) amended by No. 49 of 2015, s. 6, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS6@Hpa@EN) If an employee commits an offence under this Act, the employer of that employee– > > > > > > (a) [*\[Section 211 Subsection (1) amended by No. 49 of 2015, s. 6, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS6@Hpb@EN) 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)  [*\[Section 211 Subsection (2) substituted by No. 7 of 2007, s. 51, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS51@EN) It is a defence in proceedings for an offence under [subsection (1)](#GS211@Gs1@EN) 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) [*\[Section 211 Subsection (2) amended by No. 49 of 2015, s. 6, Applied:01 Jul 2016\]*](/view/html/inforce/2016-07-01/act-2015-049#GS6@Hpc@EN) 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.