Queensland Consolidated Acts

MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 - SECT 240

240 Responsibility for acts or omissions of representatives

(1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.

(2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b) the representative had the state of mind.

(3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.

(4) In this section—

"representative" means—

(a) of a corporation—an officer, employee or agent of the corporation; or

(b) of an individual—an employee or agent of the individual.

"state of mind" of a person includes—

(a) the person’s knowledge, intention, opinion, belief or purpose; and

(b) the person’s reasons for the intention, opinion, belief or purpose.