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Work Health and Safety (National Uniform Legislation) 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.
(2) If an offence under this Act requires proof of knowledge, intention or
recklessness, it is sufficient in proceedings 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 proceedings against the public
authority for that offence if the person referred to in subsection (1)
made that mistake of fact.