Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1987 No. 176 of 1987 - SECT 12

12. (1) After section 17A of the Principal Act the following section is
inserted: Conduct by directors, servants or agents of bodies corporate

"17B. (1) Where, in proceedings for an offence against this Act or the
regulations in respect of conduct engaged in by a body corporate, it is
necessary to establish the state of mind of the body corporate, it is
sufficient to show that a director, servant or agent of the body corporate,
being a director, servant or agent by whom the conduct was engaged in within
the scope of his or her actual or apparent authority, had that state of mind.

"(2) Any conduct engaged in on behalf of a body corporate:

   (a)  by a director, servant or agent of the body corporate within the scope
        of his or her actual or apparent authority; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a director, servant or agent of the
        body corporate, where the giving of such direction, consent or
        agreement is within the scope of the actual or apparent authority of
        the director, servant or agent; shall be deemed, for the purposes of
        this Act and the regulations, to have been engaged in also by the body
        corporate.

"(3) A reference in subsection (1) to the state of mind of a person includes a
reference to the knowledge, intention, opinion, belief or purpose of the
person and the person's reasons for the intention, opinion, belief or
purpose.".

(2) Subsections 17B (1) and (2) of the Principal Act as amended by this Act
apply respectively in relation to offences alleged to have been committed, and
conduct engaged in, after the commencement of this section.