sec.409Conduct of representatives

sec.409 Conduct of representatives

This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct. It is enough to show— the conduct was engaged in 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. Conduct engaged in 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 engaged in also by the person unless the person proves— if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or the person was not in a position to influence the representative in relation to the conduct. In this section— engaging in conduct includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind , of a person, includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose. (sec.409-ssec.1) This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct. (sec.409-ssec.2) It is enough to show— the conduct was engaged in 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.409-ssec.3) Conduct engaged in 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 engaged in also by the person unless the person proves— if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or the person was not in a position to influence the representative in relation to the conduct. (sec.409-ssec.4) In this section— engaging in conduct includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind , of a person, includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose.

• (a) the conduct was engaged in 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.
• (a) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or