Dangerous Goods Safety Act 2004

In this section —

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

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

This section applies to and in relation to proceedings for an offence against this Act.

If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show —

that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

that the director, employee or agent had the relevant state of mind.

Conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate, unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

If it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show —

that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

that the employee or agent had the relevant state of mind.

Conduct engaged in on behalf of a person other than a body corporate (the employer) by an employee or agent of the person within the scope of his or her actual or apparent authority is taken to have been engaged in also by the employer unless the employer establishes that the employer took reasonable precautions and exercised due diligence to avoid the conduct.