Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 160

160. (1) This section applies for the purposes of a prosecution for:

   (a)  an offence under this Act; or

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

(2) If it is necessary to prove the state of mind of a body corporate in
relation to particular conduct, it is enough 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.

(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 to have been engaged in also by the body
corporate, unless it proves that it took reasonable precautions and exercised
due diligence to avoid the conduct.

(4) If it is necessary to prove the state of mind of an individual in relation
to particular conduct, it is enough 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 state of mind.

(5) 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 to have been engaged in also by the individual, unless the individual
establishes that he or she took reasonable precautions and exercised due
diligence to avoid the conduct.

(6) If:

   (a)  an individual is convicted of an offence under this Act; 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 be punished by imprisonment for that offence.

(7) In this section:
director, in relation to a body that:

   (a)  is incorporated for a public purpose by a law of the Commonwealth, of
        a State or of a Territory; and

   (b)  is constituted by one or more members;
means the member, or any of the members, constituting the body.
engage in conduct includes fail or refuse to engage in conduct.
state of mind, in relation to 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.