Document ID: chunk:federal_register_of_legislation:C2013A00027:clause:4_10
Version: federal_register_of_legislation:C2013A00027
Segment Type: clause
Provision Reference: sch 4 cl 10
Character Range: 20565–21658

10  Subsection 164(4)
Repeal the subsection, substitute:
 (4) Any conduct engaged in by an employee or agent of a person other than a body corporate is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the person unless the person establishes that the person took reasonable precautions and exercised due diligence to prevent the conduct.
 (4A) For the purposes of subsection (4), in determining whether a person took reasonable precautions and exercised due diligence to prevent conduct engaged in by an employee or agent of the person, the matters to which regard is to be had include:
 (a) any action the person took to inform the employee or agent of the legal obligations of the person, employee or agent, in relation to the conduct; and
 (b) any action the person took to ensure that those obligations were understood and complied with by the employee or agent; and
 (c) when any such action was taken; and
 (d) whether there were any other actions that the person could reasonably have taken that may have prevented the conduct.