Commonwealth Numbered Acts

PRODUCTIVITY COMMISSION ACT 1998 No. 14, 1998 - SECT 59

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

(b) that the director, employee or agent had that state of mind.

(a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and

(b) the conduct is within the scope of his or her actual or apparent authority;

(3) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish a state of mind of the person, it is sufficient to show:

(a) that the conduct was engaged in by an employee or agent of the person within the scope of the employee's or agent's actual or apparent authority; and

(b) that the employee or agent had that state of mind.

(a) conduct is engaged in on behalf of a person other than a body corporate by an employee or an agent of the person; and

(b) the conduct is within the employee's or agent's actual or apparent authority;

(5) A reference in subsection (1) to a state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

(6) 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 or of a State or Territory.

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