Commonwealth Numbered Acts

SOCIAL SECURITY AMENDMENT ACT 1987 No. 77, 1987 - SECT 39

39. After section 138A of the Principal Act the following section is inserted:
Proceedings against corporations

"138B. (1) Where, in proceedings for an offence against this Act in respect of
any 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 director,
servant or agent of the corporation, being a director, servant or agent by
whom the conduct was engaged in within the scope of his or her actual or
apparent authority, had that state of mind.

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

   (a)  by a director, servant 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, servant or agent of the
        corporation, where the giving of such direction, consent or agreement
        is within the scope of the actual or apparent authority of the
        director, servant or agent; shall be deemed, 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 and the person's reasons for the intention, opinion, belief or
purpose.".