Victorian Current Acts Victorian Current Acts(1) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that—
(a) 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) the director, employee or agent had that state of mind.
(2) If a director, employee or agent of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual or apparent authority, the body corporate must be taken, for the purposes of a prosecution for an offence against this Act, also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
S. 80(3) amended by No. 60/1998
s. 14(a)(b).
(3) Unless the contrary intention appears, if a body corporate is found guilty of an offence against this Act, the court may impose a fine not exceeding 5 times the maximum amount which the court could otherwise impose in respect of the offence.