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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

16. Liability of employer or principal

 

 

1) An act or omission of an employee, mandatary or agent which constitutes an offence under this Act shall be deemed to be the act or omission of his employer, mandator or principal, and the said employer, mandator or principal may be convicted and sentenced in respect of it unless he proves--
a) that he did not permit or connive at such act or omission; and
b) that he took all reasonable measures to prevent an act or omission of the nature in question; and
c) that an act or omission, whether legal or illegal, of the nature in question did not under any conditions or in any circumstances fall within the course of the employment or the performance of the mandate or the scope of the authority of the employee, mandatary or agent concerned.

 

2) For the purposes of subsection (1)(b) the fact that an employer or principal forbade an act or omission of the nature in question shall not by itself be regarded as sufficient proof that he took all reasonable measures to prevent such an act or omission.

 

3) The provisions of subsection (1) shall not relieve the employee, manager or agent concerned from liability to be convicted and sentenced in respect of the act or omission in question.

 

4) Whenever an employee, mandatary or agent does anything or fails to do anything which would have been an offence in terms of this Act if the employer, mandator or principal concerned had done it or had failed to do it, such employee, mandatary or agent shall be guilty of such offence.