793Liability of bodies corporate

793 Liability of bodies corporate

Conduct of a body corporate

(1) Any conduct engaged in on behalf of a body corporate:

(a) by an officer, employee or agent (an official) of the body within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;

is taken, for the purposes of this Act (subject to subsection (3A)) and the procedural rules, to have been engaged in also by the body.

State of mind of a body corporate

(2) If, for the purposes of this Act (subject to subsection (3A)) or the procedural rules, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is enough to show:

(a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and

(b) that the person had that state of mind.

Meaning of state of mind

(3) 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.

Exception—offence relating to failure to pay amounts

(3A) Subsections (1) and (2) do not apply for the purposes of:

(a) subsection 327A(1) (offence for failing to pay amounts as required); or

(b) a related offence provision, to the extent that the related offence provision relates to an offence against subsection 327A(1).

Disapplication of Part 2.5 of the Criminal Code

(4) Part 2.5 of Chapter 2 of the Criminal Code does not apply to an offence against this Act, other than an offence against a provision referred to in paragraph (3A)(a) or (b) of this section.

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

(5) In this section, employee has its ordinary meaning.