Document ID: chunk:federal_register_of_legislation:C2025C00189:section:84:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 84 (pt 2/2)
Character Range: 1170933–1172715

section 56BZJ, a civil penalty provision of a gas market instrument or a civil penalty provision of the consumer data rules applies;
it is necessary to establish the state of mind of the person, it is sufficient to show that:
 (c) an employee or agent of the person engaged in that conduct; and
 (d) the employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and
 (e) the employee or agent had that state of mind.
 (4) Conduct engaged in on behalf of a person other than a body corporate:
 (a) by an employee or agent of the person within the scope of the actual or apparent authority of the employee or agent; or
 (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent;
shall be deemed, for the purposes of this Act, a gas market instrument and the consumer data rules, to have been engaged in also by the first‑mentioned person.
 (4A) If:
 (a) a person other than a body corporate is convicted of an offence; and
 (b) subsection (3) or (4) applied in relation to the conviction on the basis that the person was the person first mentioned in that subsection; and
 (c) the person would not have been convicted of the offence if that subsection had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
 (5) A reference in this section 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 person's intention, opinion, belief or purpose.