Commonwealth Numbered Acts

SMOKING AND TOBACCO PRODUCTS ADVERTISEMENTS (PROHIBITION) ACT 1989 No. 181, 1989 - SECT 8

8. (1) Where, in proceedings for an offence against this Act, 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 this Act, to have been engaged in also by the body corporate
unless the body corporate establishes that it took reasonable precautions to
avoid the conduct.

(3) A reference in subsection (1) 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.

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

(5) A reference in this section to an offence against this Act includes a
reference to an offence created by section 6, 7 or 7A, or subsection 86 (1),
of the Crimes Act 1914, being an offence that relates to this Act.