77Conduct of representatives

77 Conduct of representatives

(1)  In this section –

engaging in conduct includes failing or refusing to engage in conduct;

representative means –

(a) in the case of a body corporate, an executive officer, employee or agent of the body corporate; or

(b) in the case of a partnership, a partner, employee or agent of the partnership; or

(c) in the case of a natural person, an employee or agent of the person;

state of mind of a person includes –

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(2)  If in a proceeding for an offence against this Act it is necessary to establish the state of mind of a person in relation to particular conduct, it is sufficient to show that –

(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 that state of mind.

(3)  For a proceeding for an offence against this Act, conduct engaged in on behalf of a person by a representative within the scope of the representative's actual or apparent authority is taken to have been engaged in also by the person.