sec.76Responsibility for acts or omissions of representative

### sec.76 Responsibility for acts or omissions of representative This section applies to a proceeding for an offence against section 74 (1) or (2) or 75 . 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 precautions and proper diligence, have prevented the act or omission. To remove any doubt, it is declared that a representative for an individual includes an employee or agent of a partner of a partnership. In this section— executive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or secretary or the person’s position is given the name of executive officer. representative means— for an individual—an employee or agent of the individual; or for a corporation—an executive officer, employee or agent of the corporation. 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. s 76 prev s 76 om 2019 No. 36 s 14 pres s 76 ins 2019 No. 36 s 15 (sec.76-ssec.1) This section applies to a proceeding for an offence against section 74 (1) or (2) or 75 . (sec.76-ssec.2) 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.76-ssec.3) 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 precautions and proper diligence, have prevented the act or omission. (sec.76-ssec.4) To remove any doubt, it is declared that a representative for an individual includes an employee or agent of a partner of a partnership. (sec.76-ssec.5) In this section— executive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or secretary or the person’s position is given the name of executive officer. representative means— for an individual—an employee or agent of the individual; or for a corporation—an executive officer, employee or agent of the corporation. 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. - (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. - (a) for an individual—an employee or agent of the individual; or - (b) for a corporation—an executive officer, employee or agent of the corporation. - (a) the person’s knowledge, intention, opinion, belief or purpose; and - (b) the person’s reasons for the intention, opinion, belief or purpose.