Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 76

76.(1) If, in proceedings for an offence against section 74 or 75, 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 section 74 or 75, 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) If, in proceedings for an offence against section 74 or 75, it is
necessary to establish the state of mind of a person other than a body
corporate in relation to a 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 section 74 or 75, 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) If:

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

   (b)  the person would not have been convicted for 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 section 74 or 75
includes a reference to an offence against section 5, 6, 7 or 7A, or
subsection 86(1), of the Crimes Act 1914, that relates to section 74 or 75 of
this Act.