Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_167aa
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 167AA
Character Range: 698094–699367

167AA  Proceedings against corporations
 (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged 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, employee or agent of the body, being a director, employee 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, employee 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, employee 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, employee 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 subsection (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.