Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013

This clause has effect for the purposes of a proceeding for an offence against a petroleum environmental law.

If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and

that the director, employee or agent had the state of mind.

Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:

that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and

that the employee or agent had the state of mind.

Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

If:

an individual is convicted of an offence; and

he or she would not have been convicted of the offence if subclauses (4) and (5) had not been enacted;

A reference in subclause (2) or (4) to the state of mind of a person includes a reference to:

the person’s knowledge, intention, opinion, belief or purpose; and

the person’s reasons for the intention, opinion, belief or purpose.

Part 2.5 of the Criminal Code does not apply to an offence against a petroleum environmental law.