Document ID: chunk:federal_register_of_legislation:C2004A03957:body:0:p13
Version: federal_register_of_legislation:C2004A03957
Segment Type: other
Provision Reference: 
Character Range: 30854–32634

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 that offence.

"(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person's reasons for the intention, opinion, belief or purpose.

"(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

"(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

"(9) A reference in this section to an offence against this Act includes a reference to:

(a) an offence created by the regulations; and

    (b) an offence created by section 5, 6, 7 or 7a, or subsection 86 (1), of the Crimes Act 1914, being an offence that relates to an offence against this Act or the regulations.".

By-laws
41. Section 72 of the Principal Act is amended by omitting from subsection (4) "approved by the Minister and".

Amendments relating to the Board
42. The Principal Act is further amended as set out in the Schedule.

PART 3—AMENDMENT OF THE FREEDOM OF INFORMATION ACT 1982

Principal Act

43. In this Part, "Principal Act" means the Freedom of Information Act 19822.