Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 17/31)
Character Range: 77096–79834

that his or her conduct may fairly be assumed to represent the body corporate's policy.

12.4  Negligence
 (1) The test of negligence for a body corporate is that set out in section 5.5.
 (2) If:
 (a) negligence is a fault element in relation to a physical element of an offence; and
 (b) no individual employee, agent or officer of the body corporate has that fault element;
that fault element may exist on the part of the body corporate if the body corporate's conduct is negligent when viewed as a whole (that is, by aggregating the conduct of any number of its employees, agents or officers).
 (3) Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
 (a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or
 (b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

12.5  Mistake of fact (strict liability)
 (1) A body corporate can only rely on section 9.2 (mistake of fact (strict liability)) in respect of conduct that would, apart from this section, constitute an offence on its part if:
 (a) the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have constituted an offence; and
 (b) the body corporate proves that it exercised due diligence to prevent the conduct.
 (2) A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
 (a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or
 (b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

12.6  Intervening conduct or event
  A body corporate cannot rely on section 10.1 (intervening conduct or event) in respect of a physical element of an offence brought about by another person if the other person is an employee, agent or officer of the body corporate.

Part 2.6—Proof of criminal responsibility

Division 13

13.1  Legal burden of proof—prosecution
 (1) The prosecution bears a legal burden of proving every element of an offence relevant to the guilt of the person charged.
Note: See section 3.2 on what elements are relevant to a person's guilt.
 (2) The prosecution also bears a legal burden of disproving any matter in relation to which the defendant has discharged an evidential burden of proof imposed on the defendant.
 (3) In this Code:
legal burden, in relation to a matter, means the burden of proving the existence