QLDIn ForceAct
Fisheries Act 1994
sec.216Responsibility for acts or omissions of representatives
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### sec.216 Responsibility for acts or omissions of representatives
In this section—
representative means—
of a corporation—an executive officer, employee or agent of the corporation; or
of an individual—an employee or agent of the individual.
state of mind of a person includes—
the person’s knowledge, intention, opinion, belief or purpose; and
the person’s reasons for the intention, opinion, belief or purpose.
Subsections (3) and (4) apply in a proceeding for an offence against this Act.
If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
the representative had the state of mind.
An act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.
(sec.216-ssec.1) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.
(sec.216-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act.
(sec.216-ssec.3) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.
(sec.216-ssec.4) An act or omission done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person took all reasonable steps to prevent the act or omission.
- (a) of a corporation—an executive officer, employee or agent of the corporation; or
- (b) of an individual—an employee or agent of the individual.
- (a) the person’s knowledge, intention, opinion, belief or purpose; and
- (b) the person’s reasons for the intention, opinion, belief or purpose.
- (a) the act or omission was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and
- (b) the representative had the state of mind.