Commonwealth Numbered Acts

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GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 28

28. Section 64 of the Principal Act is repealed and the following section is
substituted: Conduct of directors, servants and agents

"64. (1) Where it is necessary, for the purposes of this Act, to establish the
state of mind of a body corporate in respect of conduct engaged in, or deemed
by subsection (2) to have been engaged in, by 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 the 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, to have been engaged in 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 it is necessary, for the purposes of this Act, to establish the
state of mind of a person in relation to conduct deemed by subsection (4) to
have been engaged in by the person, it is sufficient to show that a servant or
agent of the person, being a 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.

"(4) Conduct engaged in on behalf of a person other than a body corporate:

   (a)  by a servant or agent of the person 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 servant or agent of the
        first-mentioned person, where the giving of the direction, consent or
        agreement is within the scope of the actual or apparent authority of
        the servant or agent; shall be deemed, for the purposes of this Act,
        to have been engaged in 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) A reference in this section to the state of mind of person includes a
reference to the knowledge, intention, opinion, belief or purpose of the
person and the reasons for the intention, opinion, belief or purpose.

"(6) 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.

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


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