Commonwealth Numbered Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 338

338.(1) If, in proceedings for an offence against this Act, it is necessary to
establish the state of mind of a 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 actual or apparent authority; and

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

(2) Subject to subsection (3), any conduct engaged in on behalf of a body
corporate by a director, servant or agent of the body corporate within the
scope of his or her actual or apparent authority is taken, for the purposes of
a prosecution for an offence against this Act, to have been engaged in also by
the body corporate. Exception to (2)

(3) Subsection (2) does not apply if the body corporate establishes that it
took reasonable precautions and exercised due diligence to avoid the conduct.
State of mind of individual

(4) If, in proceedings for an offence against this Act, it is necessary to
establish the state of mind of an individual in relation to particular
conduct, it is sufficient to show:

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

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

(5) Subject to subsection (6), any conduct engaged in on behalf of an
individual by a servant or agent of the individual within the scope of his or
her actual or apparent authority is taken, for the purposes of a prosecution
for an offence against this Act, to have been engaged in also by the
individual. Exception to (5)

(6) Subsection (5) does not apply if the individual establishes that he or she
took reasonable precautions and exercised due diligence to avoid the conduct.
No imprisonment in (4) or (5) cases

(7) If:

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

   (b)  the individual would not have been convicted of the offence if
        subsections (4) and (5) had not been enacted; the individual is not
        liable to imprisonment for that offence.
Reference to "state of mind"

(8) A reference in subsection (1) or (4) 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.
Reference to "director"

(9) A reference in this section to a director of a body corporate includes a
reference to a constituent member of, or to a member of a board or other group
of persons administering or managing the affairs of, a body corporate
incorporated for a public purpose by a law of the Commonwealth, of a State or
of a Territory.
Reference to "engaging in conduct"

(10) A reference in this section to engaging in conduct includes a reference
to failing or refusing to engage in conduct.
Reference to "offence against this Act"

(11) A reference in this section to an offence against this Act includes a
reference to:

   (a)  an offence created by the regulations; and

   (b)  an offence created by section 5, 6, 7 or 7A, or subsection 86(1), of
        the Crimes Act 1914, being an offence that relates to this Act or the
        regulations.