Document ID: chunk:federal_register_of_legislation:C2024C00591:section:164:p2
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 164 (pt 2/2)
Character Range: 363354–365216

agent of the person, the matters to which regard is to be had include:
 (a) any action the person took to inform the employee or agent of the legal obligations of the person, employee or agent, in relation to the conduct; and
 (b) any action the person took to ensure that those obligations were understood and complied with by the employee or agent; and
 (c) when any such action was taken; and
 (d) whether there were any other actions that the person could reasonably have taken that may have prevented the conduct.
 (5) Where:
 (a) a person other than a body corporate is convicted of an offence; and
 (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
 (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
 (a) the knowledge, intention, opinion, belief or purpose of the person; and
 (b) the person's reasons for the intention, opinion, belief or purpose.
 (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.
 (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
 (9) A reference in this section to an offence against this Act includes a reference to:
 (a) an offence created by the regulations; and
 (b) an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, that relates to an offence against this Act or the regulations.
 (10) Part 2.5 of the Criminal Code does not apply to an offence against this Act.
Note: Part 2.5 of the Criminal Code deals with corporate criminal responsibility.