74Liability of employees and agents

74 Liability of employees and agents

(1)  Except as provided in subsection (2) , it is no defence in proceedings for an offence under this Act that the defendant was, at the time of the commission of the offence, an employee or agent of another person.

(2)  In any proceedings for an offence under this Act, it is a defence for the defendant to prove that the defendant was under the supervision of the proprietor of the primary produce business, or the owner or person in charge of the premises, place, or vehicle, in relation to which the offence was committed or of another person representing that proprietor, owner or person in charge.

(3)  Except by leave of the court, a defence under subsection (2) is only available if the person intending to rely on that defence gives notice in writing to the court and the complainant –

(a) stating that intention; and

(b) stating the name and address of the proprietor, owner or person in charge.