TELSTRA CORPORATION ACT 1991 - SECT 8CJ Prosecutions of persons other than corporations
TELSTRA CORPORATION ACT 1991 - SECT 8CJ
Prosecutions of persons other than corporations(1) If, in proceedings for an offence against Part 2A in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that:
(a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and
(b) the employee or agent had that state of mind.
(a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and
(b) the conduct is within the employee's or agent's actual or apparent authority;
the conduct is taken, for the purposes of a prosecution for an offence against Part 2A, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
(3) Despite any other provision of Part 2A, if:
(a) a person is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections (1) and (2) had not been in force;
the person is not liable to be punished by imprisonment for that offence.
Extended meaning of state of mind
(4) A reference in subsection (1) 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.
Extended meaning of engaging in conduct
(5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Extended meaning of offence against Part 2A
(6) A reference in this section to an offence against Part
2A includes a reference to an offence created by section 6 of
the Crimes Act 1914 or Part 2.4 of the Criminal Code that relates to
Part 2A of this Act.