sec.57AResponsibility for acts or omissions of representatives

### sec.57A Responsibility for acts or omissions of representatives This section applies in a proceeding for an offence against a transport Act. 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 for a person done, or omitted to be done, 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— if the person was in a position to influence the representative’s conduct in relation to the act or omission—the person took all reasonable steps to prevent the act or omission; or the person was not in a position to influence the representative’s conduct in relation to the act or omission. In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. s 57A ins 1997 No. 66 s 124 amd 2007 No. 43 s 33 sch (sec.57A-ssec.1) This section applies in a proceeding for an offence against a transport Act. (sec.57A-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.57A-ssec.3) An act for a person done, or omitted to be done, 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— if the person was in a position to influence the representative’s conduct in relation to the act or omission—the person took all reasonable steps to prevent the act or omission; or the person was not in a position to influence the representative’s conduct in relation to the act or omission. (sec.57A-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. - (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) if the person was in a position to influence the representative’s conduct in relation to the act or omission—the person took all reasonable steps to prevent the act or omission; or - (b) the person was not in a position to influence the representative’s conduct in relation to the act or omission. - (a) for a corporation—an executive officer, employee or agent of the corporation; or - (b) for an individual—an employee or agent of the individual.