36ZBEvidence as to state of mind of corporation

36ZB Evidence as to state of mind of corporation

36ZB Evidence as to state of mind of corporation

(1) This section applies in relation to proceedings for an offence committed by a corporation under this Part or regulations made under this Part.

(2) Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular state of mind, is evidence that the corporation had that state of mind.

(3) In this section, the state of mind of a person includes—

(a) the knowledge, intention, opinion, belief or purpose of the person, and

(b) the person’s reasons for the intention, opinion, belief or purpose.

s 36ZB: Ins 2002 No 103, Sch 4.25 [2]. Subst 2012 No 97, Sch 1.7 [6].