191Applications for review

191 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) for an internal reviewer’s decision in relation to an internally reviewable decision—an entity to whom an internal review notice is required to be given in relation to the decision; (b) an entity prescribed by regulation in relation to the decision; (c) any other person whose interests are affected by the decision.

Chapter 10 Procedural and evidentiary provisions Part 10.1 General provisions about offences against Act 192 Acts and omissions of representatives person means an individual. representative, of a person, means an employee or agent of the person. 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. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made 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. (4) An act done or omitted to be done on behalf of a person by the person’s representative within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.

(5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).