Commonwealth Numbered Acts

PRAWN EXPORT PROMOTION ACT 1995 No. 14, 1995 - SECT 23

23.(1) Where it is necessary to establish, for the purposes of this Act, 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)  a director, servant or agent of the body corporate within the scope of
        his or her actual or apparent authority; or

   (b)  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; is to be taken, for the purposes of
        this Act, to have been engaged in also by the body corporate unless
        the body corporate establishes that it took reasonable precautions,
        and exercised due diligence, to avoid the conduct.

(3) Where it is necessary to establish, for the purposes of this Act, 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)  a servant or agent of the person within the scope of his or her actual
        or apparent authority; or

   (b)  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; is to be taken, for the purposes of this Act, to
        have been engaged in also by the first-mentioned person unless the
        first-mentioned person establishes that he or she took reasonable
        precautions, and exercised due diligence, to avoid the conduct.

(5) 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.

(6) 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 the offence.

(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 an external
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 the regulations.