South Australian Current Acts South Australian Current Acts (1) If, in proceedings
for an offence against this Act, 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 that—
(a) an
employee or agent of the person had that state of mind; and
(b) the
employee or agent engaged in the conduct within the scope of his or her actual
or apparent authority.
(2) If an employee or
agent of a person other than a body corporate engages in conduct on behalf of
the person within the scope of his or her actual or apparent authority, the
person must be taken, for the purposes of a prosecution for an offence against
this Act, also to have engaged in the conduct unless the person establishes
that he or she took reasonable precautions and exercised due diligence to
avoid the conduct.