Queensland Consolidated Acts
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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 142
Responsibility for acts or omissions of representatives
142 Responsibility for acts or omissions of representatives
(1) This section applies in a proceeding for an offence against this Act.
If it is relevant to prove a person’s state of mind about a particular act
or omission, it is enough to show—
(a) the act was done or omitted to be
done 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.
(3) An act done or omitted to be done for 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
also by the person, unless the person proves the person could not, by the
exercise of reasonable diligence, have prevented the act or omission.
"offence" includes a contravention of this Act for which an amount may be
ordered by the District Court or QCAT to be paid as a money penalty.
(a) of a corporation—an executive officer,
employee or agent of the corporation; or
(b) of an individual—an employee
or agent of the individual.
"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.
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