Western Australian Current Acts Western Australian Current Acts (1) In this section
—
engaging in conduct includes failing or refusing
to engage in conduct;
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.
(2) This section
applies to and in relation to proceedings for an offence against this Act.
(3) If 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.
(4) 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 to be
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.
(5) If it is necessary
to establish the state of mind of a person other than a body corporate in
relation to particular conduct, it is sufficient to show —
(a) that
the conduct was engaged in by an employee or agent of the person within the
scope of his or her actual or apparent authority; and
(b) that
the employee or agent had the relevant state of mind.
(6) Conduct engaged in
on behalf of a person other than a body corporate (the employer ) by an
employee or agent of the person within the scope of his or her actual or
apparent authority is to be 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.