Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 68

68. (1) If, in a proceeding under this Part in respect of conduct engaged in
by a body corporate, it is necessary to establish the state of mind of the
body corporate in relation to particular conduct, it is sufficient to show:

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

   (b)  that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate:

   (a)  by a director, servant or agent of the body corporate within the scope
        of the person's actual or apparent authority; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a director, servant or agent of the
        body corporate, if the giving of the direction, consent or agreement
        is within the scope of the actual or apparent authority of the
        director, servant or agent; is taken for the purposes of this Part to
        have been engaged in also by the body corporate unless the body
        corporate establishes that the body corporate took reasonable
        precautions and exercised due diligence to avoid the conduct.

(3) If, in a proceeding under this Part in respect of conduct engaged in by an
individual, it is necessary to establish the state of mind of the individual,
it is sufficient to show:

   (a)  that the conduct was engaged in by a servant or agent of the
        individual within the scope of his or her actual or apparent
        authority; and

   (b)  that the servant or agent had the relevant state of mind.

(4) Conduct engaged in on behalf of an individual:

   (a)  by a servant or agent of the individual within the scope of the actual
        or apparent authority of the servant or agent; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a servant or agent of the individual,
        if the giving of the direction, consent or agreement is within the
        scope of the actual or apparent authority of the servant or agent; is
        taken, for the purposes of this Part, to have been engaged in also by
        that individual unless that individual establishes that he or she took
        reasonable precautions and exercised due diligence to avoid the
        conduct.

(5) If:

   (a)  an individual is convicted of an offence; and

   (b)  the individual would not have been convicted of the offence if
        subsections (3) and (4) had not been enacted; the individual is not
        liable to be punished by imprisonment for that offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:

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

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

(7) A reference in this section to engaging in conduct includes a reference to
failing or refusing to engage in conduct.