New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 28

28 Liability of employers

(1) If an employee contravenes section 22 or 24, the employer is taken to have contravened that section (whether or not the employee contravened the provision without the employer's authority or contrary to the employer's orders or instructions).

(2) It is a defence to a prosecution against an employer for such a contravention if it is established--

(a) that the employer had no prior knowledge of the contravention, and

(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.

(3) An employer may be proceeded against and convicted under section 22 or 24 by virtue of this section whether or not the employee has been proceeded against or convicted under that provision.

(4) For the purposes of this section, any person who authorised a person who contravenes section 22 to sell tobacco products, non-tobacco smoking products, e-cigarettes or e-cigarette accessories as the person's agent is taken to be an employer of a person who contravenes section 22.