National Skills Development Act 2006 · Updated to 1 Jul 2006 · Part X · Offences and Penalties
63. Responsibility of skills training provider for offences committed by members of board of directors, officers, employees or agents
Feedback & supportWhere an offence against any provision of this Act has been committed by a person who at the time of the commission of the offence was—
a member of the board of directors;
an officer;
an employee; or
an agent, of the skills training provider, the skills training provider shall be deemed to have also committed that offence.
In a prosecution against a skills training provider under subsection (1) by virtue of an offence committed by—
skills training provider
“skills training provider” means a body corporate, organization or other body of persons which conducts a skills training programme the primary purpose of which is to meet the requirement of the relevant Standards;
a member of the board of directors;
an officer;
an employee; or
an agent,
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of the skills training provider, it shall be a defence for any skills training provider prosecuted under subsection (1) if the skills training provider proves—
that the offence was committed without the knowledge or connivance of the skills training provider; or
that the skills training provider—
took all reasonable precautions; and
exercised all due diligence, to prevent the commission of the offence as the skills training provider ought to have taken and exercised, having regard to the nature of the functions of the member of the board of directors, officer, employee or agent in that capacity and to all the circumstances.