(1) If an employee
contravenes any provision of this Act, the employer is to be taken to have
contravened the same provision whether or not the employee contravened the
provision —
(a)
without the employer’s authority; or
(b)
contrary to the employer’s orders or instructions.
(2) It is a defence in
proceedings against an employer for such a contravention if it is established
that the employer —
(a) had
no knowledge of the contravention; and
(b)
could not, by the exercise of due diligence, have prevented the contravention.
(3) An employer may be
proceeded against and convicted under a provision pursuant to
subsection (1) whether or not the employee has been proceeded against or
convicted under that provision.