Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p37
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 91588–94222

in by a body corporate, it is necessary to establish the state of mind of the body, it is sufficient to show that a director, servant or agent of the body, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
"(2) Any conduct engaged in on behalf of a body corporate—
     (a) by a director, servant or agent of the body within the scope of his or her actual or apparent authority; or
     (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent,
shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the body.
"(3) A reference in sub-section (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose

of the person and the person's reasons for the intention, opinion, belief or purpose.".

73. Section 167a of the Principal Act is repealed and the following section is substituted:

Provision of superannuation under other laws, &c.
"167a. (1) Where a person holds an office or appointment, or is employed, under a relevant law, superannuation benefits for or in relation to the person shall not be provided under that law or under terms and conditions of employment determined under that law unless—
     (a) the relevant law expressly provides for the provision of those benefits; or
     (b) the relevant law allows the provision of those benefits and the Minister has, by writing signed by the Minister, approved the provision of those benefits.
"(2) Where a person holds an office or appointment in, or is employed by, a relevant body, that body shall not provide, or arrange for the provision of, superannuation benefits for or in relation to the person unless the body has power to provide those benefits and the Minister has, by writing signed by the Minister, approved the provision of those benefits.
"(3) An approval by the Minister for the purposes of this section of the provision of superannuation benefits may be approval of the provision under—
     (a) a superannuation scheme that will provide benefits only for, or in relation to, persons to whom the approval applies; or
     (b) an existing or proposed superannuation scheme specified in the approval that will also provide superannuation benefits for, or in relation to, persons other than persons to whom