Commonwealth Numbered Acts

FEDERAL AIRPORTS CORPORATION AMENDMENT ACT 1990 No. 26 of 1990 - SECT 40

40. After section 71A of the Principal Act the following section is inserted:
Conduct by directors, servants and agents

"71B. (1) Where, in proceedings for an offence against this Act, it is
necessary to establish the state of mind of a body corporate in relation to
particular conduct, it is sufficient to show:

   (a)  that the conduct was engaged in by a director, servant or agent of the
        body corporate within the scope of his or her actual or apparent
        authority; and

   (b)  that the director, servant or agent had the state of mind.

"(2) Any conduct engaged in on behalf of a body corporate by a director,
servant or agent of the body corporate within the scope of his or her actual
or apparent authority is to be 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 establishes that the body corporate took reasonable
precautions and exercised due diligence to avoid the conduct.

"(3) Where, in proceedings for an offence against this Act, it is necessary to
establish the state of mind of a person other than a body corporate in
relation to particular conduct, it is sufficient to show:

   (a)  that the conduct was engaged in by a servant or agent of the person
        within the scope of his or her actual or apparent authority; and

   (b)  that the servant or agent had the state of mind.

"(4) Any conduct engaged in on behalf of a person other than a body corporate
by 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 a prosecution for an
offence against this Act, to have been engaged in also by the first-mentioned
person unless the first-mentioned person establishes that the first-mentioned
person took reasonable precautions and exercised due diligence to avoid the
conduct.

"(5) Where:

   (a)  a person other than a body corporate is convicted of an offence; and

   (b)  the person would not have been convicted of the offence if subsections
        (3) and (4) had not been enacted; the person is not liable to be
        punished by imprisonment for that offence.

"(6) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:

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

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

"(7) A reference in this section to a director of a body corporate includes a
reference to a constituent member of a body corporate incorporated for a
public purpose by a law of the Commonwealth, of a State or of a Territory.

"(8) A reference in this section to engaging in conduct includes a reference
to failing or refusing to engage in conduct.

"(9) A reference in this section to an offence against this Act includes a
reference to:

   (a)  an offence created by the regulations; and

   (b)  an offence created by section 5, 6, 7 or 7A, or subsection 86 (1), of
        the Crimes Act 1914, being an offence that relates to an offence
        against this Act or the regulations.".