125BOffences by entities against this Act

125B Offences by entities against this Act

In determining whether an entity has committed an offence against this Act: (a) the entity is taken to have engaged in any conduct engaged in: (i) by a designated individual for the entity, if the conduct is within the actual or apparent scope of the individual’s designation; or (ii) by a body corporate that is party to an approved contract with the entity, if the conduct is within the actual or apparent scope of the approved contract; and (b) if it is necessary to establish the entity’s state of mind, it is sufficient to establish the state of mind of an individual who has engaged in conduct as mentioned in subparagraph (a)(i).

Note 1: Part 2.5 of the Criminal Code deals with criminal responsibility of bodies corporate.

Note 2: The Crown is not liable to be prosecuted for an offence.