30ZZC—Criminal liability of licensed grower or licensed
processor—failure to exercise due diligence
(1) If an employee of
a licensed grower or a licensed processor commits an offence against this
Part, the relevant licensed grower or licensed processor also commits an
offence against this Part, if the licensed grower or the licensed processor
failed to exercise due diligence to prevent the commission of the offence by
the employee.
(2) A licensed grower
or a licensed processor referred to in subsection (1) is liable to a
penalty not exceeding the maximum penalty that applies to the offence against
this Part committed by the employee.
(3) In determining
whether a licensed grower or a licensed processor failed to exercise due
diligence, a court may have regard to—
(a)
whether or not the licensed grower or the licensed processor permitted or
authorised the act or omission of the employee in the course of his or her
employment that constituted the offence against this Part; and
(b) what
steps the licensed grower or the licensed processor took, or could reasonably
have taken, to prevent the commission of the offence by the employee.
(4) Without limiting
any other defence available to a licensed grower or a licensed processor, the
relevant licensed grower or licensed processor may rely on a defence that
would be available to the employee of the licensed grower or the licensed
processor if (as the case requires)—
(a) the
employee were charged with the offence with which the licensed grower or the
licensed processor is charged; and
(b) in
doing so, the licensed grower or the licensed processor bears the same burden
of proof that the employee would bear.
(5) A licensed grower
or a licensed processor may commit an offence against this Part whether or not
the employee of the licensed grower or the licensed processor, as the case
requires, has been prosecuted for, or found guilty of, an offence against this
Part.