RAIL SAFETY NATIONAL LAW (NSW) - SECT 221
Imputing conduct to bodies corporate
RAIL SAFETY NATIONAL LAW (NSW) - SECT 221
Imputing conduct to bodies corporate
221 Imputing conduct to bodies corporate
(1) For the purposes of this Law, any conduct engaged in on behalf of a body
corporate by an employee, agent or officer of the body corporate acting within
the actual or apparent scope of his or her employment, or within his or her
actual or apparent authority, is conduct also engaged in by the body
corporate.
(2) If an offence under this Law requires proof of knowledge,
intention or recklessness, it is sufficient in proceedings against a body
corporate for that offence to prove that the person referred to in subsection
(1) had the relevant knowledge, intention or recklessness.
(3) If for an
offence against this Law mistake of fact is relevant to determining liability,
it is sufficient in proceedings against a body corporate for that offence if
the person referred to in subsection (1) made that mistake of fact.
