Imputation of conduct or state of mind of officer, employee etc
127 Imputation of conduct or state of mind of officer, employee etc
For the purposes of proceedings for an offence against this Act or proceedings for the payment of an amount as a civil penalty in respect of an alleged contravention of this Act—
the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate;
the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.
Where—
a natural person is convicted of an offence against this Act;
and
the person would not have been convicted of the offence but for the operation of subsection (1), the person is not liable to be punished by imprisonment for the offence.
For the purposes of this section, a reference to conduct
or acting includes a reference to failure to act.
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