Superannuation Industry (Supervision) Act 1993

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

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

Subject to subsection (3), any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate.

Subsection (2) does not apply if the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

If, in proceedings for an offence against this Act, 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 a servant or agent of the individual within the scope of actual or apparent authority; and

that the servant or agent had the state of mind.

Subject to subsection (6), any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual.

Subsection (5) does not apply if 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

the individual would not have been convicted of the offence if subsections (4) and (5) had not been enacted;

A reference in subsection (1) or (4) 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.

A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

A reference in this section to an offence against this Act includes a reference to:

an offence created by the regulations; and

an offence created by section 6 of the Crimes Act 1914, being an offence that relates to this Act or the regulations.

Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.