(3) Conduct
engaged in for a person by a representative of the person within the scope of
the representative’s actual or apparent authority is taken to have been
engaged in also by the person unless the person proves—
(a) if the person
was in a position to influence the representative in relation to the
conduct—the person took reasonable steps to prevent the conduct; or
(b) the
person was not in a position to influence the representative in relation to
the conduct.
(4) In this section—
"engaging" in conduct includes failing to engage in conduct.
"representative" means—
(a) for a corporation—an agent, employee or
executive officer of the corporation; or
(b) for an individual—an agent or
employee of the individual.
"state of mind" of a person includes the person’s—
(a) belief, intention,
knowledge, opinion or purpose; and
(b) reasons for the belief, intention,
opinion or purpose.
