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Planning Act 2016
sec.228Responsibility for representative
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### sec.228 Responsibility for representative
If it is relevant to prove, in a proceeding for an offence against this Act, a person’s state of mind about particular conduct, it is enough to show—
the person’s representative was engaged in the conduct for the person within the scope of the representative’s actual or apparent authority; and
the representative had the state of mind.
The person is taken to have engaged in the representative’s conduct, unless the person proves the person could not have prevented the conduct by exercising reasonable diligence.
In this section—
conduct means an act or omission.
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
reasons for the intention, opinion, belief or purpose.
s 228 amd 2019 No. 11 s 231 s ch 1 pt 1
(sec.228-ssec.1) If it is relevant to prove, in a proceeding for an offence against this Act, a person’s state of mind about particular conduct, it is enough to show— the person’s representative was engaged in the conduct for the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.
(sec.228-ssec.2) The person is taken to have engaged in the representative’s conduct, unless the person proves the person could not have prevented the conduct by exercising reasonable diligence.
(sec.228-ssec.3) In this section— conduct means an act or omission. 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 reasons for the intention, opinion, belief or purpose.
- (a) the person’s representative was engaged in the conduct for the person within the scope of the representative’s actual or apparent authority; and
- (b) the representative had the state of mind.
- (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) knowledge, intention, opinion, belief or purpose; and
- (b) reasons for the intention, opinion, belief or purpose.