Commonwealth Consolidated Acts

WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - SECT 15

(1)

If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:

(a)

that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b)

that the director, servant or agent had the state of mind.

(2)

Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless it proves that it took reasonable precautions and exercised due diligence to avoid the conduct.

(3)

If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of an individual in relation to particular conduct, it is enough to show:

(a)

that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and

(b)

that the servant or agent had the state of mind.

(4)

Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual unless he or she proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

(5)

If:

(a)

an individual is convicted of an offence; and

(b)

he or she would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

he or she is not liable to be punished by imprisonment for that offence.