Change Or Suppression (Conversion) Practices Prohibition Act 2021

For the purposes of a proceeding against a body corporate for an offence against this Part, the following must also be attributed to the body corporate—

relevant conduct engaged in by an associate of the body corporate;

knowledge of an associate of the body corporate;

intention—

of the body corporate's board of directors; or

of an officer of the body corporate; or

of any other associate of the body corporate if a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the formation of that intention.

If an officer of a body corporate engages in conduct that constitutes an offence against this Part, the body corporate must be taken to have also engaged in conduct constituting the offence, and may be proceeded against and found guilty of the offence whether or not the officer has been proceeded against or found guilty of that offence.

In a proceeding against a body corporate for an offence against this Part brought in reliance on subsection (2), it is a defence to the charge for the body corporate to prove that it exercised due diligence to prevent the conduct engaged in by the officer.