sec.161Conduct of executive officers, servants and agents

### sec.161 Conduct of executive officers, servants and agents If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation in relation to particular conduct, it is sufficient to show— that the conduct was engaged in by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority; and that the executive officer, servant or agent had the state of mind. Any conduct engaged in on behalf of a corporation by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a person other than a corporation in relation to particular conduct, it is sufficient to show— that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and that the servant or agent had the state of mind. Any conduct engaged in on behalf of a person other than a corporation by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the first person unless the first person establishes that the person took reasonable precautions and exercised due diligence to avoid the conduct. If— a person other than a corporation is convicted of an offence; and 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. In this section— engaging in conduct includes failing to engage in conduct. state of mind of a person includes a reference to— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose. s 161 prev s 161 exp 19 December 1994 (see s 180(1)) (sec.161-ssec.1) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation in relation to particular conduct, it is sufficient to show— that the conduct was engaged in by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority; and that the executive officer, servant or agent had the state of mind. (sec.161-ssec.2) Any conduct engaged in on behalf of a corporation by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. (sec.161-ssec.3) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a person other than a corporation in relation to particular conduct, it is sufficient to show— that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and that the servant or agent had the state of mind. (sec.161-ssec.4) Any conduct engaged in on behalf of a person other than a corporation by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the first person unless the first person establishes that the person took reasonable precautions and exercised due diligence to avoid the conduct. (sec.161-ssec.5) If— a person other than a corporation is convicted of an offence; and 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. (sec.161-ssec.6) In this section— engaging in conduct includes failing to engage in conduct. state of mind of a person includes a reference to— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose. - (a) that the conduct was engaged in by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority; and - (b) that the executive officer, servant or agent had the state of mind. - (a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and - (b) that the servant or agent had the state of mind. - (a) a person other than a corporation 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; - (a) the person’s knowledge, intention, opinion, belief or purpose; and - (b) the person’s reasons for the intention, opinion, belief or purpose.