Transport Infrastructure Act 1994

This section applies for deciding whether a railway manager has failed to comply with a train path obligation without a reasonable excuse.

If it is necessary to be satisfied of a railway manager’s state of mind, it is enough to be satisfied that a director, servant or agent (a representative) of the railway manager, acting within the scope of the representative’s actual or apparent authority, had the state of mind.

Conduct engaged in for a railway manager by the following persons is taken to have been engaged in by the railway manager—

a representative of the railway manager, acting within the scope of the representative’s actual or apparent authority;

another person at the direction, or with the consent or agreement, of a representative of the railway manager, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.

Conduct engaged in for a railway manager by the following persons is taken to have been engaged in by the railway manager—

a servant or agent of the railway manager, acting within the scope of the servant’s or agent’s actual or apparent authority;

another person at the direction, or with the consent or agreement, of a servant or agent of the railway manager, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.

In this section—

consent or agreement includes an implied consent or agreement.

state of mind, of a person, may include—

knowledge, intention, opinion, belief or purpose of the person; and

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