Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 228

228 Responsibility for representative

(1) If it is relevant to prove, in a proceeding for an offence against this Act, a person’s state of mind about particular conduct, it is enough to show—

(a) the person’s representative was engaged in the conduct for the person within the scope of the representative’s actual or apparent authority; and

(b) the representative had the state of mind.

(2) The person is taken to have engaged in the representative’s conduct, unless the person proves the person could not have prevented the conduct by exercising reasonable diligence.

(3) In this section—

"conduct" means an act or omission.

"representative" means—

(a) of a corporation—an executive 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 the person’s—

(a) knowledge, intention, opinion, belief or purpose; and

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