CRIMINAL CODE (THEFT, FRAUD, BRIBERY AND RELATED OFFENCES) AMENDMENT ACT 2004 (NO. 15 OF 2004)

Australian Capital Territory Numbered Acts

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CRIMINAL CODE (THEFT, FRAUD, BRIBERY AND RELATED OFFENCES) AMENDMENT ACT 2004 (NO. 15 OF 2004) - SCHEDULE 1

Schedule 1 Consequential amendments—corporate criminal responsibility

(see s 3)

Part 1.1 Animal Welfare Act 1992

[1.1] Section 99

substitute

99 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative's actual or apparent authority is also taken to have been done or omitted to be done by the person.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.2 Casino Control Act 1988

[1.2] Section 118

substitute

118 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.3 Cemeteries and Crematoria Act 2003

[1.3] Section 47

substitute

47 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.4 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

[1.4] Section 66

substitute

66 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.5 Clinical Waste Act 1990

[1.5] Section 39

substitute

39 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.6 Consumer Credit (Administration) Act 1996

[1.6] Section 136

omit

The conduct of

substitute

(1) The conduct of

[1.7] New section 136 (2)

insert

(2) Subsection (1) does not apply in relation to the prosecution of a credit provider or finance broker that is a corporation.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

Part 1.7 Coroners Act 1997

[1.8] Section 89

substitute

89 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.8 Discrimination Act 1991

[1.9] Section 108I

substitute

108I Acts and omissions of representatives

(1) In this section:

"person" means an individual or body politic.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.9 Door-to-Door Trading Act 1991

[1.10] Section 18

substitute

18 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

18A Criminal liability of executive officers

(1) An executive officer of a corporation commits an offence if—

(a) the corporation contravenes a provision of this Act; and

(b) the contravention is an offence against this Act (the relevant offence ); and

(d) the officer was in a position to influence the conduct of the corporation in relation to the contravention; and

(e) the officer failed to take all reasonable steps to prevent the contravention.

Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.

(2) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.

(3) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the contravention, a court must have regard to the following:

(a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):

(i) that the corporation arranges regular professional assessments of the corporation's compliance with the contravened provision;

(ii) that the corporation implements any appropriate recommendation arising from such an assessment;

(iii) that the corporation's employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the contravened provision;

(b) any action the officer took when the officer became aware that the contravention was, or might be, about to happen.

(4) Subsection (3) does not limit the matters to which the court may have regard.

(5) This section does not apply if the corporation would have a defence to a prosecution for the relevant offence.

18B Criminal liability of people deriving financial benefit

(1) A person commits an offence against this Act if—

(a) a supplier or dealer in relation to a contract to which this Act applies contravenes a provision of this Act; and

(b) the contravention is an offence against this Act (the relevant offence ); and

(d) the person was reckless about whether the contravention would happen; and

(e) the person was in a position to influence the conduct of the supplier or dealer in relation to the contravention; and

(f) the person failed to take all reasonable steps to prevent the contravention.

Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.

(2) This section applies whether or not the supplier or dealer is prosecuted for, or convicted of, the relevant offence.

(3) In deciding whether the person took (or failed to take) reasonable steps to prevent the contravention, a court must have regard to—

(a) any action the person took directed towards ensuring compliance with the contravened provision; and

(b) any action the person took when the person became aware that the contravention was, or might be, about to happen.

(5) Subsection (4) does not limit the matters to which the court may have regard.

(6) This section does not apply if the supplier or dealer would have a defence to a prosecution for the relevant offence.

Part 1.10 Drugs of Dependence Act 1989

[1.11] Section 172

omit

Part 1.11 Electoral Act 1992

[1.12] Section 338

substitute

338 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.12 Electricity Safety Act 1971

[1.13] Section 121

omit

Part 1.13 Environment Protection Act 1997

[1.14] Division 15.2 heading

substitute

Division 15.2 Extensions of liability for offences

[1.15] Section 146

substitute

146 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.14 Financial Institutions Duty Act 1987

[1.16] Section 37

substitute

37 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.15 Firearms Act 1996

[1.17] Section 119

substitute

119 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.16 Fisheries Act 2000

[1.18] Section 110

substitute

110 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.17 Food Act 2001

[1.19] Section 92 (4), note

omit

[1.20] Section 99, note

omit

[1.21] Section 127

substitute

127 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.18 Gambling and Racing Control Act 1999

[1.22] Section 53C

substitute

53C Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.19 Gaming Machine Act 1987

[1.23] Section 62

omit

Part 1.20 Gene Technology Act 2003

[1.24] Division 12.4

substitute

Division 12.4 Acts and omissions of representatives

188 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.21 Guardianship and Management of Property Act 1991

[1.25] Section 73

substitute

73 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.22 Health Records (Privacy and Access) Act 1997

[1.26] Section 24

substitute

24 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.23 Independent Competition and Regulatory Commission Act 1997

[1.27] Section 55

substitute

55 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.24 Interactive Gambling Act 1998

[1.28] Section 144

substitute

144 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.25 Juries Act 1967

[1.29] Section 44AB

substitute

44AB Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.26 Lakes Act 1976

[1.30] Section 51A

substitute

51A Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.27 Land (Planning and Environment) Act 1991

[1.31] Section 286

substitute

286 Acts and omissions of representatives

(1) In this section:

"person" means an individual.

Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

(a) the person's knowledge, intention, opinion, belief or purpose; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2) This section applies to a prosecution for any offence against this Act.

(3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

(a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

(b) the representative had the state of mind.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

(6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

Part 1.28 Legal Practitioners Act 1970

[1.32] Section 195

substitute

195 Criminal liability of executive officers

(1) An executive officer of a corporation commits an offence if—

(a) the corporation contravenes section 192, section 193 or section 194; and