Personal Injuries Proceedings Act 2002

This section applies to a proceeding for an offence against section 71(1) or (2) or 71B.

If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

the act was done or omitted to be done 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.

An act done or omitted to be done 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 done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.

To remove any doubt, it is declared that a representative for an individual includes an employee or agent of a partner of a partnership.

In this section—

for an individual—an employee or agent of the individual; or

for a corporation—an executive officer, employee or agent of the corporation.

the person’s knowledge, intention, opinion, belief or purpose; and

the person’s reasons for the intention, opinion, belief or purpose.