105Prosecution of licensee for actions of employee

105 Prosecution of licensee for actions of employee (1) If the actions of a person employed by a licensee in respect of the licence constitute or allegedly constitute an offence against this Act, the licensee may be prosecuted for the offence as if the licensee had personally performed those actions.

Totalisator Licensing and Regulation Act 2000 50 (2) The prosecution of a licensee under subsection (1) does not affect the liability in respect of the offence of the person employed who carried out the actions constituting the offence. (3) It is a defence to a prosecution of a licensee for an offence referred to in subsection (1) if the licensee did not authorise (either expressly or by implication) the actions of the person employed constituting the offence.