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Work Health and Safety Act 2011
251Imputing conduct to public authorities
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251 Imputing conduct to public authorities
(1) For the purposes of this Act, any conduct engaged in on behalf of a
public authority by an employee, agent or officer of the public
authority acting within the actual or apparent scope of his or her
employment, or within his or her actual or apparent authority, is
conduct also engaged in by the public authority.
Public authorities Division 13.6
(2) If an offence under this Act requires proof of knowledge, intention or
recklessness, it is sufficient in a proceeding against the public
authority for that offence to prove that the person referred to in
subsection (1) had the relevant knowledge, intention or recklessness.
(3) If, for an offence against this Act, mistake of fact is relevant to
determining liability, it is sufficient in a proceeding against the public
authority for that offence if the person referred to in subsection (1)
made that mistake of fact.