South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 127

127—Vicarious responsibility

        (1)         If, in any proceedings for an offence against a rail safety law, 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, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

            (b)         that the director, employee or agent had the relevant state of mind.

        (2)         For the purposes of a prosecution for an offence against a rail safety law, conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

        (3)         If, in proceedings for an offence against a rail safety law, it is necessary to establish the state of mind of a person other than the body corporate (the "employer") in relation to particular conduct, it is sufficient to show—

            (a)         that the conduct was engaged in by an employee or agent of the employer within the scope of his or her actual or apparent authority; and

            (b)         that the employee or agent had the relevant state of mind.

        (4)         For the purposes of a prosecution for an offence against a rail safety law, conduct engaged in on behalf of a person other than a body corporate (the "employer") by an employee or agent of the employer within the scope of his or her actual or apparent authority is taken to have been engaged in also by the employer, unless the employer establishes that the employer took reasonable precautions and exercised due diligence to avoid the conduct.

        (5)         In this section—

"director" of a body corporate includes a constituent member of a body corporate incorporated for a public purpose by a law of any jurisdiction;

"state of mind" of a person includes—

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

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