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DRUGS MISUSE ACT 1986 - SECT 112
Responsibility for acts or omissions of representatives
112 Responsibility for acts or omissions of representatives
(1) Subsections (2) and (3) apply in a proceeding for an offence against this
part.
(2) If it is relevant to prove a person’s state of mind about a
particular act or omission, it is sufficient 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.
(4) In this section—
"representative" means— (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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