Human Pathogens and Toxins Act

Marginal note:Offences by employees, agents or mandataries

64 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the accused’s employee acting within the scope of their employment, or the accused’s agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or prosecuted for the offence, unless the accused establishes that

• (a) the offence was committed without the accused’s knowledge or consent; and

• (b) the accused exercised all due diligence to prevent its commission.