363AOffences by joint holders of access licence or approval

#### 363A Offences by joint holders of access licence or approval 363A Offences by joint holders of access licence or approval > > (1) If an offence against this Act or the regulations arises in relation to an access licence or approval, each co-holder of the licence or approval is taken to have committed the offence. > > > (2) A co-holder of a licence or approval is not guilty of such an offence if the co-holder establishes that— > > > > > (a) the offence was committed by some other person (whether or not another co-holder of the licence or approval), and > > > > > (b) the other person was not associated with the co-holder at the time the offence was committed, and > > > > > (c) the co-holder took all reasonable steps to prevent the offence from being committed. > > > (3) A person is associated with a co-holder of a licence or approval for the purposes of subsection (2) (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the co-holder. > > > (4) A person may, under this section, be proceeded against and convicted for an offence whether or not any other person has been proceeded against or convicted for the offence. > > **s 363A:** Ins 2008 No 73, Sch 1 \[9\].