23Conduct by directors, employees and agents

23 Conduct by directors, employees and agents

(1) If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show: (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the state of mind. (2) Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct. (3) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show: (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the state of mind. (4) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) In this section:

director, in relation to a body that:

(a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and
(b) is constituted by one or more members;

means the member, or any of the members, constituting the body.

engage in conduct includes fail or refuse to engage in conduct.

offence against this Act includes the following:

(a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against this Act;
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code.

state of mind, in relation to 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.