Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
(b) that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
(2) A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to—
(a) the knowledge, intention, opinion, belief or purpose of the body or person; and
(b) the body's or person's reasons for the intention, opinion, belief or purpose.
(3) Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
(4) A reference in this section to engaging in conduct shall be read as including a reference to failing or refusing to engage in conduct.