Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If an employee of
a bookmaker who is a natural person commits an offence against this Act
related to the business of the bookmaker, the bookmaker is to be treated as
having committed an offence and is liable to the penalty prescribed for the
offence committed by the employee.
(2) If a manager, an
employee or an agent of a bookmaker that is a partnership or a body corporate
commits an offence against this Act related to the business of the partnership
or body corporate as a bookmaker —
(a) each
of the partners; or
(b) the
body corporate,
as the case may be, is
to be treated as having committed an offence and is liable to the penalty
prescribed for the offence committed by the manager, employee or agent of the
partnership or body corporate.
(3) If under
subsection (2) a body corporate is treated as having committed an
offence, each person who occupies a position of authority in the body
corporate is to be treated as having committed the offence and is liable to
the penalty prescribed for the offence committed by the manager, employee or
agent of the body corporate, unless the person proves that —
(a) the
offence was committed without the person’s consent or connivance; and
(b) the
person exercised all such due diligence to prevent the commission of the
offence as ought to have been exercised having regard to the nature of the
person’s functions and to all the circumstances.
(4) If an employee of
a bookmaker that is a partnership or a body corporate commits an offence
against this Act related to the business of the bookmaker, the licensed
manager of the bookmaker is to be treated as having committed an offence and
is liable to the penalty prescribed for the offence committed by the employee.
[Section 27H inserted by No. 70 of 2006
s. 10(1).]