Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003 - SECT 138
Responsibility for acts or omissions of representatives
138 Responsibility for acts or omissions of representatives
(1) Subsections (2) and (3) apply in a proceeding for an offence against this
Act.
(2) 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.
(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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback