39Vicarious liability

39 Vicarious liability

(1)  Where a person commits an offence against this Act –

(a) any other person who has the management or control of the offender; or

(b) any person who is a nominated manager in respect of the offender –

is also guilty of that offence and liable to a penalty not exceeding the maximum penalty prescribed for the offence.

(1A)  [Section 39 Subsection (1A) inserted by No. 26 of 2016, s. 33, Applied:01 Jan 2017] If a licensed entity commits an offence under this Act –

(a) if the licensed entity is a body corporate, each director or manager of the licensed entity; or

(b) if the licensed entity is a partnership, each partner of the licensed entity; or

(c) [Section 39 Subsection (1A) amended by No. 9 of 2023, s. 47, Applied:01 Oct 2024] if the licensed entity is a council, each person who has the management or control of the licensed person for the licensed entity –

is taken to have committed the offence and is punishable accordingly, whether or not proceedings have been brought against the licensed entity.

(2)  [Section 39 Subsection (2) amended by No. 26 of 2016, s. 33, Applied:01 Jan 2017] It is a defence to a charge for an offence arising under subsection (1) or (1A) if the person charged can show that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the offence.

(3)  [Section 39 Subsection (3) amended by No. 26 of 2016, s. 33, Applied:01 Jan 2017] A person who under subsection (1) or (1A) is charged with an offence against this Act may be convicted of the offence whether or not proceedings have been brought against any other person.

(4)  [Section 39 Subsection (4) amended by No. 26 of 2016, s. 33, Applied:01 Jan 2017] Subject to , if a body corporate commits an offence against this Act –