100Conduct of directors, employees and agents

100 Conduct of directors, employees and agents

State of mind of an individual (1) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and (b) that the employee or agent had the state of mind. Conduct of an individual (2) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that they took reasonable precautions and exercised due diligence to avoid the conduct.

Note: Part 2.5 of the Criminal Code and section 97 of the Regulatory Powers Act deal with responsibility of bodies corporate for offences and civil penalties.

Limitation on imprisonment (3) If: (a) an individual is convicted of an offence; and (b) the individual would not have been convicted of the offence if subsections (1) and (2) had not been enacted; the individual is not liable to be punished by imprisonment for that offence. Extended meaning of state of mind (4) A reference in subsection (1) to the state of mind of a person includes a reference to: (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. Engaging in conduct (5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.