Commonwealth Numbered Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 No. 8 of 1990 - SECT 109

109. (1) Where it is necessary to establish, for the purposes of this Act or
the regulations, the state of mind of a body corporate in relation to
particular conduct, it is sufficient 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 to be taken, for the purposes of this Act and the
regulations, to have been engaged in also by the body corporate unless the
body corporate establishes that the body corporate took reasonable precautions
and exercised due diligence to avoid the conduct.

(3) Where it is necessary to establish, for the purposes of this Act or the
regulations, the state of mind of a person other than a body corporate in
relation to particular conduct, it is sufficient to show:

   (a)  that the conduct was engaged in by a servant or agent of the person
        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 a person other than a body corporate
by a servant or agent of the person within the scope of his or her apparent
authority is to be taken, for the purposes of this Act and the regulations, to
have 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.