Western Australian Current Acts

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FIREARMS ACT 1973 - SECT 21A

21A .         Supervision and management

        (1)         The conduct of business under a Dealer’s Licence, a Repairer’s Licence or a Manufacturer’s Licence is always the responsibility of the holder and is to be personally supervised and managed, on each premises to which the licence applies, by —

            (a)         the holder; or

            (b)         a person appointed as the agent or employee of the holder.

        (2)         Where in respect of a business of a kind to which subsection (1) applies —

            (a)         a requirement is made of the holder of the licence under which that business is conducted; or

            (b)         a restriction, limitation or condition applies to that licence; or

            (c)         an element of an offence under this Act is an act or omission on the part of the holder of that licence,

                and a person is appointed, employed or permitted by the holder to conduct that business on any premises, if that requirement, restriction, limitation or condition is contravened by that person, or such an offence occurs because of an act or omission on the part of that person, that person as well as the holder is liable accordingly, and that person may be prosecuted for an offence either in addition to, or in substitution for, the holder.

        (3)         Where, in contravention of any requirement, restriction, limitation or condition to which any licence, permit or approval held by a person under this Act is subject —

            (a)         any agent or employee of the holder; or

            (b)         any other person acting or purporting to act on behalf of the holder,

                does or omits to do any act on the premises to which the licence, permit or approval relates and for which the holder would have been liable under this Act had it been done or omitted by the holder, the holder is deemed also to have done or omitted to do that act and is liable to the same penalty as is prescribed for the contravention.

        (4)         The holder of the licence, permit or approval may be proceeded against and convicted under subsection (3) notwithstanding that the person contravening the requirement, restriction, limitation or condition has not been proceeded against or has not been convicted under this Act.

        [Section 21A inserted: No. 59 of 1996 s. 23; amended: No. 84 of 2004 s. 80.]



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