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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 57A
Responsibility for acts or omissions of representatives
57A Responsibility for acts or omissions of representatives
(1) This section applies in a proceeding for an offence against a transport
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 for a person done, or omitted to be done,
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— (a) if the person was in a
position to influence the representative’s conduct in relation to the act or
omission—the person took all reasonable steps to prevent the act or
omission; or
(b) the person was not in a position to influence the
representative’s conduct in relation to the act or omission.
(4) 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.
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