Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:1_19d
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 1 cl 19D
Character Range: 211304–211938

19D  Offences committed by employees—liability of employer

 (1) If a physical element of an offence against a provision of Part IV, V, VI or VII is committed by an employee of a person (the employer) other than a body corporate acting within the actual or apparent scope of his or her employment, the physical element must also be attributed to the employer.

 (2) If intention, knowledge or recklessness is a fault element in relation to a physical element of the offence, that fault element must be attributed to the employer if the employer expressly, tacitly or impliedly authorised or permitted the commission of the offence.