Queensland Numbered Acts

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GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 409

409 Conduct of representatives

(1) This section applies to a proceeding for an offence against this Act if it is relevant to prove a person's state of mind about particular conduct.

(2) It is enough to show--

(a) the conduct was engaged in 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) Conduct engaged in 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 engaged in also by the person unless the person proves--

(a) if the person was in a position to influence the representative in relation to the conduct--the person took reasonable steps to prevent the conduct; or
(b) the person was not in a position to influence the representative in relation to the conduct.

(4) In this section--

engaging in conduct includes failing to engage in conduct.

representative means--

(a) for a corporation--an agent, employee or executive officer of the corporation; or
(b) for an individual--an agent or employee of the individual.

state of mind, of a person, includes the person's--

(a) belief, intention, knowledge, opinion or purpose; and
(b) reasons for the belief, intention, opinion or purpose.


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