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QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 111A
Responsibility for acts or omissions of representatives
111A Responsibility for acts or omissions of representatives
(1) This section applies for— (a) a proceeding for an offence against this
Act; and
(b) an inquiry conducted by the tribunal under part 7 , division 4
to decide whether proper grounds exist for taking disciplinary action under
the division.
(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 diligence, have prevented the act or omission.
(4) In
this section—
"representative" means— (a) of a company—an executive officer, employee or
agent of the company; 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.
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