Australian Capital Territory Current Acts

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LIQUOR ACT 2010 - SECT 225

Acts and omissions of representatives

    (1)     In this section:

"person" means an individual.

Note     See the Criminal Code

, pt 2.5 for provisions about corporate criminal responsibility.

"representative", of a person, means an employee or agent of the person.

"state of mind", of a person, includes—

        (a)     the person's knowledge, intention, opinion, belief or purpose; and

        (b)     the person's reasons for the intention, opinion, belief or purpose.

    (2)     This section applies to a prosecution for an offence against this Act.

    (3)     If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

        (a)     the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

        (b)     the representative had the state of mind.

    (4)     An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done by the person.

    (5)     However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.

    (6)     A person who is convicted of an offence cannot be punished by imprisonment for the person if the person would not have been convicted of the offence without subsection (3) or (4).



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