Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Notwithstanding
any other law or rule of law, where any person, as the employee of another
person (in this section referred to as the employer ) commits an offence
against this Act, the employer is guilty of an offence against this Act in
like manner as the employee (whether or not the offence was committed without
his authority or contrary to his orders or instructions) and may be proceeded
against and convicted accordingly unless he proves that he had no knowledge of
the commission of the offence and could not, by the exercise of diligence,
have prevented the commission of the offence.
(2) The employer may
be proceeded against and convicted pursuant to subsection (1)
notwithstanding that the employee has not been proceeded against or has not
been convicted under this Act.
(3) Nothing in
subsection (1) prejudices or affects any liability imposed by or under
this Act on any person by whom an offence against this Act is actually
committed.
[Section 35C inserted by No. 51 of 1984
s. 21.]