59Conduct of directors, employees and agents

#### 59 Conduct of directors, employees and agents (1) Where, in proceedings for a designated offence, it is necessary to establish the state of mind of a body corporate in relation to a particular act or omission, it is sufficient to show: (a) that the act or omission was done by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the state of mind. (2) Any act or omission done on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, in proceedings for a designated offence, to have been done also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the act or omission. (3) Where, in proceedings for a designated offence, it is necessary to establish the state of mind of a person other than a body corporate in relation to a particular act or omission, it is sufficient to show: (a) that the act or omission was done by an employee or agent of the person within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the state of mind. (4) Any act or omission done on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is to be taken, in proceedings for a designated offence, to have been done also by the first‑mentioned person unless the person establishes that the person took reasonable precautions and exercised due diligence to avoid the act or omission. (5) Where: (a) a person other than a body corporate is convicted of an offence; and (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for the offence. (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose. (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory. (8) In this section: > designated offence means one or more of the following: (a) an offence against this Act; (b) an offence against section 6 of the Crimes Act 1914 to the extent that it relates to an offence against this Act; (c) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code to the extent that it relates to an offence against this Act.