Western Australian Current Regulations Western Australian Current Regulations (1) If an employee is
alleged to have committed an offence under these regulations, the
person’s employer may be charged with the offence.
(2)
Subregulation (1) applies —
(a)
whether or not the employee is charged with the offence; and
(b) even
if the employee acted without the employer’s authority or contrary to
the employer’s orders or instructions.
(3) If —
(a) an
employer is charged with an offence as permitted by subregulation (1);
and
(b) it
is proved that the employee committed the offence,
then, subject to
subregulation (4), the employer is taken to have committed the offence.
(4) If an employer is
charged with an offence as permitted by subregulation (1), it is a
defence to prove that —
(a) the
offence was committed without the employer’s consent or connivance; and
(b) the
employer took all the measures to prevent the commission of the offence that
the employer could reasonably be expected to have taken in the circumstances.