Western Australian Repealed Acts

This legislation has been repealed.

WORKMEN'S WAGES ACT 1898 - SECT 22

22 .         Penalties and exemption from liability

                If the employer or contractor shall, by himself or the agency of any other person or persons, contravene or, without good reason, fail to comply with any of the provisions of this Act, such employer, contractor, or agent shall be deemed guilty of an offence under this Act, and be liable to a penalty not exceeding $50.

        (1)         Where an offence for which an employer or contractor is by virtue of this Act liable to a penalty has, in fact, been committed by some agent of the employer or contractor, or other person, such agent or other person shall be liable to the same penalty as if he were the employer or contractor.

        (2)         Where an employer or contractor is charged with an offence against this Act, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer or contractor proves to the satisfaction of the Court that he has used due diligence to enforce the execution of this Act, and that the said other person has committed the offence in question without his knowledge, consent, or connivance, the said other person shall be convicted of such offence, and the employer shall be exempt from liability.

        [Section 22 amended by No. 113 of 1965 s. 8(1); No. 51 of 1992 s. 16(1); No. 74 of 2003 s. 135.]