Commonwealth Numbered Acts

OVERSEAS STUDENTS (REFUNDS) ACT 1990 No. 128, 1990 - SECT 9

9. (1) Where, in proceedings for an offence against this Act, it is necessary
to establish 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 acting within the scope of his or her office,
        employment or engagement; 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 acting within the scope of his or her
office, employment or engagement is taken, for the purposes of a prosecution
for an offence against this Act, to have been engaged in also by the body
corporate.

(3) Where, in proceedings for an offence against this Act, it is necessary to
establish 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
        acting within the scope of his or her office, employment or
        engagement; 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 acting within the scope of his or her
office, employment or engagement is taken, for the purposes of a prosecution
for an offence against this Act, to have been engaged in also by the
first-mentioned person.

(5) A reference in this section to a person acting within the scope of his or
her office, employment or engagement in relation to a body corporate or
another person does not include conduct by the first-mentioned person engaged
in with the intention of doing harm, or concealing harm done by him or her or
another, to the body corporate or other person.

(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.

(9) A reference in this section to an offence against this Act includes a
reference to an offence created by section 5, 6, 7 or 7A, or subsection 86
(1), of the Crimes Act 1914 that relates to this Act.