Victorian Current Acts Victorian Current ActsS. 60B(1) amended by No. 12/2023 s. 13(1).
(1) If, in a proceeding under this Act or relevant legislation (other than a proceeding for an offence against the Victorian Energy Efficiency Target Act 2007 ) in respect of conduct that is engaged in by a body corporate and to which this Act or the relevant legislation applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show—
(a) that an officer, employee or agent of the body corporate engaged in that conduct within the scope of the actual or apparent authority of the officer, employee or agent; and
(b) that the officer, employee or agent had that state of mind.
S. 60B(2) amended by No. 12/2023 s. 13(2).
(2) The following conduct engaged in on behalf of a body corporate is also taken, for the purposes of this Act or relevant legislation (other than an offence against the Victorian Energy Efficiency Target Act 2007 ), to have been engaged in by the body corporate—
(a) conduct by an officer, employee or agent of the body corporate within the scope of the actual or apparent authority of the officer, employee or agent; or
(b) conduct by any other person—
(i) at the direction of an officer, employee or agent of the body corporate, if the giving of the direction is within the scope of the actual or apparent authority of the officer, employee or agent; or
(ii) with the consent or agreement (whether express or implied) of an officer, employee or agent of the body corporate, if the giving of the consent or agreement is within the scope of the actual or apparent authority of the officer, employee or agent.
S. 60B(3) amended by No. 12/2023 s. 13(1).
(3) If, in a proceeding under this Act or relevant legislation (other than a proceeding for an offence against the Victorian Energy Efficiency Target Act 2007 ) in respect of conduct that is engaged in by a person (the principal ) other than a body corporate and to which this Act or the relevant legislation applies, it is necessary to establish the state of mind of the principal, it is sufficient to show—
(a) that an employee or agent of the principal engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and
(b) that the employee or agent had that state of mind.
S. 60B(4) amended by No. 12/2023 s. 13(2).
(4) The following conduct engaged in on behalf of a person (the principal ) other than a body corporate is also taken, for the purposes of this Act or relevant legislation (other than an offence against the Victorian Energy Efficiency Target Act 2007 ), to have been engaged in by the principal—
(a) conduct by an employee or agent of the principal within the scope of the actual or apparent authority of the employee or agent; or
(b) conduct by any other person—
(i) at the direction of an employee or agent of the principal, if the giving of the direction is within the scope of the actual or apparent authority of the employee or agent; or
(ii) with the consent or agreement (whether express or implied) of such an employee or agent of the principal, if the giving of the consent or agreement is within the scope of the actual or apparent authority of the employee or agent.
(5) A person is not liable to be punished by imprisonment for an offence if —
(a) the person is convicted of the offence; and
(b) subsection (3) or (4) applied in relation to the conviction on the basis that the person was the principal mentioned in that subsection; and
(c) the person would not have been convicted of the offence if that subsection had not been enacted.
(6) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.
Pt 7C Div. 2 (Heading and ss 60C– 60E) inserted by No. 41/2021 s. 31.
Division 2—Disclosure of information, information sharing and offences
S. 60C inserted by No. 41/2021 s. 31.