Document ID: chunk:federal_register_of_legislation:C2004A03877:section:21:p1
Version: federal_register_of_legislation:C2004A03877
Segment Type: section
Provision Reference: s 21 (pt 1/5)
Character Range: 43669–46297

21                              subsection 69 (10)        B

Certain indictable offences may be dealt with summarily
"69b. (1) An indictable offence referred to in subsection 69a (4) may be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.
"(2) Where an offence is dealt with by a court of summary jurisdiction under subsection (1), the penalty that the court may impose is:
    (a) if the offender is a natural person—a fine not exceeding $5,000; or
    (b) if the offender is a body corporate—a fine not exceeding $25,000.

Conduct of directors, servants and agents
"69c. (1) Where it is necessary to establish, for the purposes of this Act or the regulations, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
    (b) that the director, servant or agent had the state of mind.
"(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be deemed, for the purposes of this Act and the regulations, to have been engaged in also by the body corporate

SCHEDULE 2—continued

unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
"(3) Where it is necessary to establish, for the purposes of this Act or the regulations, the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
    (a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
    (b) that the servant or agent had the state of mind.
"(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be deemed, for the purposes of this Act and the regulations, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.
"(5) Where:
    (a) a person other than a body corporate is convicted of an offence; and
    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for