Conduct of representatives
296 Conduct of representatives
This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.
It is enough to show—
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 the state of mind.
Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves—
if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or
the person was not in a position to influence the representative in relation to the conduct.
In this section—
engaging in conduct includes failing to engage in conduct.
representative means—
for a corporation—an agent, employee or executive officer of the corporation; or
for an individual—an agent or employee of the individual.
state of mind of a person includes the person’s—
belief, intention, knowledge, opinion or purpose; and
reasons for the belief, intention, opinion or purpose.
This Act’s bill:Explanatory memorandum
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