239Offences and the Crown

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