Conduct of directors, employees and agents
150 Conduct of directors, employees and agents
(1) If, in a prosecution for an offence against this Act, it is necessary to establish the state of mind of a body corporate or individual 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, or an employee or agent of the individual, within the scope of his or her actual or apparent authority; and
that the director, employee or agent had that state of mind.
(2) For a prosecution for an offence against this Act, conduct engaged in on behalf of a body corporate or individual by a director, employee or agent of the body corporate, or an employee or agent of the individual, within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate or individual.
(3) An individual is not liable to be punished by imprisonment for an offence against this Act if the person would not have been found guilty of the offence if subsection (1) or (2) had not been enacted.
(4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
(5) A reference in this section to the director of a body corporate includes a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth.
Division 2 Legal immunity
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