Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_90
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 90
Character Range: 2354494–2356787

90  Conduct of directors, employees and agents

Scope
 (1) This clause has effect for the purposes of a proceeding for an offence against a listed OHS law.

State of mind of a body corporate
 (2) If it is necessary to establish 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, employee or agent of the body corporate within the scope of actual or apparent authority; and
 (b) that the director, employee or agent had the state of mind.

Conduct of a body corporate
 (3) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

State of mind of an individual
 (4) If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:
 (a) that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and
 (b) that the employee or agent had the state of mind.

Conduct of an individual
 (5) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

Limitation on imprisonment
 (6) If:
 (a) an individual is convicted of an offence; and
 (b) he or she would not have been convicted of the offence if subclauses (4) and (5) had not been enacted;
he or she is not liable to be punished by imprisonment for that offence.

Extended meaning of state of mind
 (7) A reference in subclause (2) or (4) to the state of mind of a person includes a reference to:
 (a) the person's knowledge, intention, opinion, belief or purpose; and
 (b) the person's reasons for the intention, opinion, belief or purpose.

Disapplication of Part 2.5 of the Criminal Code
 (8) Part 2.5 of the Criminal Code does not apply to an offence against a listed OHS law.