10Body corporate, partner's liability for actions of employee etc.

10 Body corporate, partner's liability for actions of employee etc. (1) If in proceedings for an offence against this Act it is necessary to establish the state of mind of a body corporate in relation to particular conduct, 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 the relevant state of mind. (2) For the purposes of a prosecution for an offence against this Act, conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken to have been engaged in also by the body corporate. (3) If a partner commits an offence against this Act, every other partner in the partnership is to be taken to have committed the same (4) If a person commits an offence against this Act while engaging in conduct on behalf of an unincorporated association, each member of the committee of management of the association is to be taken to have committed the same offence. (5) It is a defence to a prosecution for an offence committed by virtue of subsection (1), (2), (3) or (4) if the defendant establishes that: (a) the person who committed the offence would have been able to establish a defence available to the person; or (b) the act or omission that constituted the offence took place without the defendant's authority, permission or consent; or (c) the defendant did not know, and ought not reasonably be expected to have known, the offence was to be or was being committed and took all reasonable steps to prevent or stop the commission of the offence or a similar offence; or (d) the defendant could not by the exercise of reasonable diligence have prevented the commission of the offence by the person who committed the offence. Residential Tenancies Act 1999 10 (6) A person may be prosecuted for and found guilty of an offence by virtue of subsection (1), (2), (3) or (4) whether or not the person whose offence he or she is to be taken to have committed by virtue of that subsection has been proceeded against or found guilty of an offence against the provision. (7) For the purposes of this section, a reference to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.