Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of this Act any person on whose behalf the sale of any thing is made is deemed
to be the person who sells, and, subject to subsection (3), every agent or
employee making the sale is liable to the same penalties as the person on
whose behalf he makes the sale.
(2) A person who
employs, causes, procures, or knowingly permits or suffers or connives with
another person to contravene any provision of this Act commits an offence
punishable as in the provision contravened.
(3) Where proceedings
are taken against a person for or in respect of a contravention of any
provision of this Act it is no defence for that person to prove that he was
the agent or employee of any other person or was acting in pursuance of an
order or direction given by such other person unless he satisfies the court
that he had acted without knowledge, and could not reasonably be expected to
have known, that any provision of this Act had been contravened or had not
been complied with.
[(4) deleted]
(5) It shall be a
defence for any person who would otherwise be liable under this section to
prove that he had taken all reasonable means to enforce the provisions of this
Act and that the contravention or non-compliance occurred without his consent
or connivance and that he exercised all due diligence to prevent it.
[Section 56 amended: No. 9 of 2023 s. 129.]