59Conduct by directors, employees or agents

59 Conduct by directors, employees or agents

(1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a body corporate, it is necessary to establish a state of mind of the body corporate, it is sufficient to show: (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had that state of mind. (2) If: (a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and (b) the conduct is within the scope of his or her actual or apparent authority; the conduct is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. (3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee’s or agent’s actual or apparent authority; and (b) that the employee or agent had that state of mind. (4) If: (a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and (b) the conduct is within the employee’s or agent’s actual or apparent authority; the conduct is taken, for the purposes of this Act, to have been engaged in also by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose. (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory. (7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. (8) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.