Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1349

1349. (1) If, in proceedings for an offence against this Act in respect of
conduct engaged in by a corporation, it is necessary to establish the state of
mind of the corporation, it is sufficient to show that:

   (a)  a director, employee or agent of the corporation engaged in that
        conduct; and

   (b)  the director, employee or agent was, in engaging in that conduct,
        acting within the scope of the director's, employee's or agent's
        actual or apparent authority; and

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

(2) Any conduct engaged in on behalf of a corporation:

   (a)  by a director, employee or agent of the corporation within the scope
        of his or her actual or apparent authority; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a director, employee or agent of the
        corporation, if the giving of the direction, consent or agreement is
        within the scope of the actual or apparent authority of the director,
        employee or agent; is taken, for the purposes of this Act, to have
        been engaged in by the corporation.

(3) A reference in subsection (1) to the state of mind of a person includes a
reference to the knowledge, intention, opinion, belief or purpose of the
person.