Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:3_203fh:p1
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 3 cl 203FH (pt 1/2)
Character Range: 407113–409667

203FH  Conduct by directors, employees and agents

State of mind of directors, employees or agents of bodies corporate

 (1) If, for the purposes of this Part, 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 state of mind.

Conduct of directors, employees or agents of bodies corporate

 (2) Any 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 taken, for the purposes of this Part, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

State of mind of employees or agents of persons other than bodies corporate

 (3) If, for the purposes of this Part, it is necessary to establish the state of mind of a person other than a body corporate in relation to a particular conduct, it is sufficient to show:
 (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and
 (b) that the employee or agent had the state of mind.

Conduct of employees or agents of persons other than bodies corporate

 (4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is taken, for the purposes of this Part, to have been engaged in also by the person unless the person establishes that the person took reasonable precautions and exercised due diligence to avoid the conduct.

Other persons not to be punished by imprisonment

 (5) If:
 (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.

Meaning of state of mind

 (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.

Meaning of director

 (7) A reference in this section