128Offences and the Commonwealth

128 Offences and the Commonwealth

(1) If the Commonwealth commits an offence against this Act, the penalty to be imposed on the Commonwealth is the penalty applicable to a body corporate. (2) For the purposes of this Act, any conduct engaged in on behalf of the Commonwealth by a person who is an employee, agent or officer of the Commonwealth acting within the actual or apparent scope of the person’s employment or authority, is conduct also engaged in by the Commonwealth. (3) If an offence against this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against the Commonwealth for that offence to prove that the person referred to in subsection (2) had the relevant knowledge, intention or recklessness. (4) If mistake of fact is relevant to determining liability for an offence against this Act, it is sufficient in proceedings against the Commonwealth for that offence if the person referred to in subsection (2) made that mistake of fact.