110Conduct of directors, employees and agents

110 Conduct of directors, employees and agents (1) If in a prosecution for an offence against this Act it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show that: (a) the conduct was engaged in by a director, employee or agent of the body corporate, or an employee or agent of the natural person, within the scope of his or her actual or apparent authority; and (b) the director, employee or agent had that state of mind. (2) For a prosecution for an offence against this Act, conduct engaged in on behalf of a body corporate or a natural person by a director, employee or agent of the body corporate, or an employee or agent of the natural person, within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate or the natural person. (3) A natural person is not liable to be punished by imprisonment for an offence against this Act if the person would not have been found guilty of the offence if subsection (1) or (2) had not been enacted. (4) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. (5) A reference in this section to the director of a body corporate includes a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory or another Australian jurisdiction.