Queensland Consolidated Acts

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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 154AD

Responsibility for acts or omissions of representative

154AD Responsibility for acts or omissions of representative

(1) 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.
(2) 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.
(3) In this section—

"representative" means—
(a) for a corporation—an executive officer, employee or agent of the corporation; or
(b) for 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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