14Offences—employer engage person in regulated activity

14 Offences—employer engage person in regulated activity for which person not registered (1) An employer commits an offence if— (a) the employer engages a person in a regulated activity; and (b) the person is required to be registered to engage in the activity; and

(c) the person does not have a registration allowing the person to engage in the activity. Note 1 A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A). Note 2 A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 59 (5)). (3) An employer commits an offence if— (a) the employer engages a person in a regulated activity; and (b) the person is required to be registered to engage in the activity; and (c) the person does not have a registration allowing the person to engage in the activity; and (d) the employer knows, or is reckless about whether— (i) the employer is engaging the person in a regulated activity; and (ii) the person is required to be registered to engage in the (4) Strict liability applies to subsection (3) (c).

(5) This section does not apply to an employer if an unregistered person engages in a regulated activity for the employer under section 15 or section 16. Note 1 An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 15 and s 16). Note 2 The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).