Imputation in proceedings of conduct or state of mind of officer, employee etc
91 Imputation in proceedings of conduct or state of mind of officer, employee etc
For the purposes of proceedings for an offence against this Act—
the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of their actual, usual or ostensible authority will be imputed to the body corporate; and
the conduct and state of mind of an employee or agent of an individual acting within the scope of their actual, usual or ostensible authority will be imputed to that individual.
If—
an individual 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.
This Act’s bill:Second reading speech
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