157Attributing conduct to the Commonwealth, States and Territories etc.

157 Attributing conduct to the Commonwealth, States and Territories etc.

(1) In determining whether the Commonwealth, a State or a Territory (each of which is a government body) has contravened this Act (including a civil penalty provision): (a) conduct engaged in on behalf of the government body by an employee, agent or officer of the government body acting within the scope (actual or apparent) of their employment or authority is taken to have been engaged in also by the government body; and (b) if it is necessary to establish intention, knowledge or recklessness, or any other state of mind, of the government body, it is sufficient to establish the intention of the person mentioned in paragraph (a). (2) Despite paragraph (1)(a), a government body does not contravene a provision of this Act because of conduct of a person that the government body is taken to have engaged in, if it is established that the government body took reasonable precautions and exercised due diligence to avoid the conduct. (3) If an infringement notice is to be given to a government body under Part 5 of the Regulatory Powers Act, the entity whose acts or omissions are alleged to have contravened the provision subject to the infringement notice may be specified in the infringement notice. (4) If civil penalty proceedings are brought against a government body in relation to a contravention of a civil penalty provision of this Act, the entity whose acts or omissions are alleged to have contravened the provision may be specified in any document initiating, or relating to, the proceedings. (5) Despite paragraph 82(5)(b) of the Regulatory Powers Act, if a government body contravenes a civil penalty provision of this Act, the maximum penalty that a court may order the government body to pay is 5 times the pecuniary penalty specified for the civil penalty provision.