Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_41
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 52961–53838

41  Subsection 84(1)
Repeal the subsection, substitute:
 (1) If, in:
 (a) a prosecution for an offence against section 44ZZRF or 44ZZRG in respect of conduct engaged in by a body corporate; or
 (b) a proceeding under this Part in respect of conduct engaged in by a body corporate, being conduct in relation to which section 44ZZRJ, 44ZZRK, 46 or 46A or Part IVA, IVB, V, VB or VC applies;
it is necessary to establish the state of mind of the body corporate, it is sufficient to show that:
 (c) a director, employee or agent of the body corporate engaged in that conduct; and
 (d) the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and
 (e) the director, employee or agent had that state of mind.
Note: The heading to section 84 is altered by omitting "servants" and substituting "employees".