Conduct of representatives
82 Conduct of representatives
(1) If, in a proceeding for an offence against this Act, it is necessary to establish a person's state of mind in relation to particular conduct, it is sufficient to show:
(a) the conduct was engaged in by a representative of the person, within the scope of the representative's actual or apparent authority; and
the representative had that state of mind.
(2) For a proceeding for an offence against this Act, conduct engaged in on behalf of a person by a representative within the scope of the representative's actual or apparent authority is taken to have been engaged in also by the person.
(3) However, a natural person 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.
In this section:
engaging in conduct includes failing or refusing to engage in conduct.
representative means:
(a) of a body corporate – an executive officer, employee or agent of the body corporate; or
of a natural person – an employee or agent of the person.
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.
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