sec.117Conduct of representatives

### sec.117 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. s 117 prev s 117 ins 1995 No. 22 s 14 om 2003 No. 29 s 379 pres s 117 ins 2004 No. 26 s 61 amd 2012 No. 20 s 281 sch 2 (sec.117-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.117-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.117-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.117-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 - (b) the person was not in a position to influence the representative in relation to the conduct. - (a) for a corporation—an agent, employee or executive officer of the corporation; or - (b) for an individual—an agent or employee of the individual. - (a) belief, intention, knowledge, opinion or purpose; and - (b) reasons for the belief, intention, opinion or purpose.