State Penalties Enforcement Act 1999

This section applies in a proceeding for an offence against this Act.

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—

if the person was in a position to influence the conduct of the representative in relation to the act or omission—the person took reasonable steps to prevent the act or omission; or

the person was not in a position to influence the conduct of the representative in relation to the act or omission.

In this section—

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

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