Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_43
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 53920–54687

43  Subsection 84(3)
Repeal the subsection, substitute:
 (3) If, in:
 (a) a prosecution for an offence against section 44ZZRF or 44ZZRG in respect of conduct engaged in by a person other than a body corporate; or
 (b) a proceeding under this Part in respect of conduct engaged in by a person other than a body corporate, being conduct in relation to which section 44ZZRJ or 44ZZRK or Part IVA, IVB, V, VB or VC 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.