sec.23Responsibility for acts or omissions of representatives

### sec.23 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 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 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 could not, by the exercise of reasonable diligence, have prevented the act or omission. s 23 prev s 23 amd 1985 No. 43 s 16 ; 1985 No. 105 s 19 ; 1995 No. 58 s 4 sch 1 ; 1997 No. 40 s 20 ; 1997 No. 82 s 3 sch ; 2000 No. 62 s 601 sch 2 ; 2004 No. 11 s 596 sch 1 ; 2007 No. 24 s 770 sch 1 ; 2014 No. 22 s 287 sch 2 pt 2 om 2014 No. 46 s 44 pres s 23 (prev s 32A) ins 1997 No. 40 s 27 renum 2014 No. 46 s 51 (sec.23-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.23-ssec.2) Subsections (3) and (4) apply in a proceeding for an offence against this Act. (sec.23-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 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.23-ssec.4) An act 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 could not, by the exercise of reasonable diligence, have prevented 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 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.