Australian Capital Territory Repealed Acts

This legislation has been repealed.

PESTICIDES ACT 1989 (REPEALED) - SECT 59

Penalty: $1,000.

False information

60. (1) A person shall not, in relation to any matter arising under this Act, knowingly or recklessly furnish information that is false or misleading in a material particular.

Penalty:

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—250 penalty units.

(2) Subsection (1) does not apply to a person in relation to a document which contains information which is false or misleading in a material particular where that person accordingly informs the person to whom the document is furnished.

Conduct of directors, servants and agents

61. (1) Where, in proceedings for a defined offence, it is necessary to establish the state of mind of a person or body in relation to particular conduct, it is sufficient to show—

        (a)     that a director, servant or agent of the person or body had that state of mind; and

        (b)     that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.

(2) A reference in subsection (1) to the state of mind of a person or body includes a reference to—

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

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

(3) Any conduct engaged in on behalf of a person or body by a director, servant or agent of the person or a body within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for a defined offence, to have been engaged in also by the person or body unless the person or body establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.

(4) Where—

        (a)     a natural person is convicted of a defined offence; and

        (b)     the person would not have been convicted of the offence if subsections (1), (2) and (3) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

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

Corporations—penalties