Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
manager has the meaning given by
section 99(2);
superior officer , except as otherwise provided,
means an employer, manager or supervisor or a person purporting to act in that
capacity.
(2) Where a person
commits an offence under section 9A(1), 10A(1), 12A(1) or 15(1), the
following provisions apply —
(a) a
superior officer in relation to the person also commits that offence if it is
proved that —
(i)
the superior officer, being an employer or manager or a
person purporting to act in that capacity, knowingly permitted or employed the
person to commit the offence; or
(ii)
the offence was attributable to any neglect on the part
of the superior officer; or
(iii)
the superior officer consented to or connived in the acts
or omissions to which section 8B(2)(a)(ii) applied that were proved
against the person,
in circumstances where
the superior officer —
(iv)
knew that the contravention would be likely to cause the
death of, or serious harm to, a person to whom a duty was owed; but
(v)
acted or failed to act as mentioned in
subparagraph (i), (ii) or (iii) in disregard of that likelihood;
(b) if
paragraph (a) does not apply, a superior officer in relation to the
person commits an offence under section 9A(2), 10A(2), 12A(2) or 15(2),
as the case may require, if it is proved that —
(i)
the superior officer, being an employer or manager or a
person purporting to act in that capacity, knowingly permitted or employed the
person to commit the offence; or
(ii)
the offence of the person —
(I) occurred with the consent or connivance
of the superior officer; or
(II) was attributable
to any neglect on the part of the superior officer.
[Section 99A inserted by No. 68 of 2004
s. 34.]