Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"fault element "includes intention, knowledge, recklessness, opinion, belief or purpose but does not include negligence.
"person" means an individual.
Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
"representative", of a person, means an employee or agent of the person.
(2) This section applies to proceedings under this part for an act or omission of a person to which part 2 (Unfair practices) applies.
(3) Conduct engaged in by a representative of the person within the scope of the representatives' actual or apparent authority is also taken to have been engaged in by the person.
(4) Subsection (3) also applies to conduct engaged in by another person directed by, or with the consent or agreement (whether express or implied) of, the representative.
(5) However, subsection (3) does not apply if the person establishes that the person took all reasonable steps to prevent the conduct.
(6) In deciding whether the person took all reasonable steps to prevent the conduct, a court must consider—
(a) any action the person took to ensure that the representative had a reasonable knowledge and understanding of the requirement to comply with the contravened provision; and
(b) the level of management, control or supervision that was appropriate for the person to exercise over the representative.
(7) Subsection (6) does not limit the matters that the court may consider.
(8) If it is relevant to prove that a person had a fault element or was negligent in relation to a physical element of an offence, it is enough to show that—
(a) the conduct relevant to the physical element was engaged in by a representative of the person within the scope of the representative's actual or apparent authority; and
(b) the representative had the fault element or was negligent in relation to the physical element.