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s 90

Actions, &c., of employee or agent of body corporate are those of body corporate

In force
Part 11Offences, penalties and criminal proceedings
Division 2Liability in relation to companies, partnerships, &c.

90 Actions, &c., of employee or agent of body corporate are those of body corporate

(1)

Where 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:

(a)

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

(b)

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

(2)

For the purposes of a prosecution for an offence against this

Act, conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate.

(3)

For the purposes of this section, a reference to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.

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