sec.111AResponsibility for acts or omissions of representatives

### sec.111A Responsibility for acts or omissions of representatives This section applies for— a proceeding for an offence against this Act; and an inquiry conducted by the tribunal under part 7 , division 4 to decide whether proper grounds exist for taking disciplinary action under the division. 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 diligence, have prevented the act or omission. In this section— representative means— of a company—an executive officer, employee or agent of the company; 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 the person’s reasons for the intention, opinion, belief or purpose. s 111A ins 1999 No. 43 s 36 amd 2000 No. 10 s 183 sch 1 ; 2003 No. 30 s 169 sch 1 (sec.111A-ssec.1) This section applies for— a proceeding for an offence against this Act; and an inquiry conducted by the tribunal under part 7 , division 4 to decide whether proper grounds exist for taking disciplinary action under the division. (sec.111A-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.111A-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 diligence, have prevented the act or omission. (sec.111A-ssec.4) In this section— representative means— of a company—an executive officer, employee or agent of the company; 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 the person’s reasons for the intention, opinion, belief or purpose. - (a) a proceeding for an offence against this Act; and - (b) an inquiry conducted by the tribunal under part 7 , division 4 to decide whether proper grounds exist for taking disciplinary action under the division. - (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) of a company—an executive officer, employee or agent of the company; or - (b) of an individual—an employee or agent of the individual. - (a) the person’s knowledge, intention, opinion, belief or purpose; and - (b) the person’s reasons for the intention, opinion, belief or purpose.