Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 85

85. (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 of 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.

(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.

(5) A reference in this section 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 person's 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.