If, in proceedings for an offence against this Act, it is necessary to
prove the state of mind of a body corporate in relation to particular conduct,
it is enough to show:
(a)
that the conduct was engaged in by a director, employee or agent of the
body corporate within the scope of his or her actual or apparent authority;
and
Any conduct engaged in on behalf of a body corporate by a director,
employee, or agent of the body corporate within the scope of his or her actual
or apparent authority is taken, for the purposes of a prosecution for an
offence against this Act, to have been engaged in also by the body corporate
unless the body corporate proves that the body corporate took reasonable
precautions and exercised due diligence to avoid the conduct.
(3)
If, in proceedings for an offence against this Act, it is necessary to
establish the state of mind of an individual in relation to particular
conduct, it is enough to show:
(a)
that the conduct was engaged in by an employee or agent of the individual
within the scope of his or her actual or apparent authority; and
Any conduct engaged in on behalf of an individual by an employee or agent
of the individual within the scope of his or her actual or apparent authority
is taken, for the purposes of a prosecution for an offence against this Act,
to have been engaged in also by the individual, unless the individual proves
that he or she took reasonable precautions and exercised due diligence to
avoid the conduct.
(5)
In this section:
"director", in relation to a body that:
(a)
is incorporated for a public purpose by a law of the Commonwealth, of a
State or of a Territory; and
(b)
is constituted by one or more members;
means the member, or any of the members, constituting the body.
Commonwealth Numbered Acts