TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 168
Conduct of directors, servants and agents
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 168
Conduct of directors, servants and agents
168.(1) This section applies for the purposes of a prosecution for:
(a) an offence under this Act; or
(b) an offence under section 5, 6, 7 or 7A or subsection 86(1) of the
Crimes Act 1914 that relates to this Act.
(2) If it is necessary to establish the state of mind of a company 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
company within the scope of his or her actual or apparent authority;
and
(b) that the director, servant or agent had the state of mind.
(3) Any conduct engaged in on behalf of a company by a director, servant or
agent of the company within the scope of his or her actual or apparent
authority is taken to have been engaged in also by the company, unless it
establishes that it took reasonable precautions and exercised due diligence to
avoid the conduct.
(4) If it is necessary to establish the state of mind of a person other than a
company 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.
(5) Any conduct engaged in on behalf of a person other than a company by a
person's servant or agent within the scope of his or her actual or apparent
authority is taken to have been engaged in also by the person, unless the
person establishes that he or she took reasonable precautions and exercised
due diligence to avoid the conduct.
(6) If:
(a) an individual is convicted of an offence under this Act; and
(b) the individual would not have been convicted of the offence but for
subsections (4) and (5); the individual is not liable to be punished
by imprisonment for that offence.
(7) In this section:
(a) a reference to the state of mind of a person includes a reference to:
(i) the knowledge, intention, opinion, belief or purpose of the
person; and
(ii) the person's reasons for the intention, opinion, belief or
purpose; and
(b) a reference to a director of a company 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;
and
(c) a reference to engaging in conduct includes a reference to failing or
refusing to engage in conduct.