MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 76
Responsibility for acts or omissions of representative
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 76
Responsibility for acts or omissions of representative
76 Responsibility for acts or omissions of representative
(1) This section applies to a proceeding for an offence against section 74(1)
or (2) or 75.
(2) If it is relevant to prove a person’s state of mind
about a particular act or omission, it is enough to show—
(a) the act was
done or omitted to be done by a representative of the person within the scope
of the representative’s actual or apparent authority; and
(3) An act done or omitted to be done
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 done or
omitted to be done also by the person, unless the person proves the person
could not, by the exercise of reasonable precautions and proper diligence,
have prevented the act or omission.
(4) To remove any doubt, it is declared
that a representative for an individual includes an employee or agent of a
partner of a partnership.
(5) In this section—
"executive officer" , of a corporation, means a person who is concerned with
or takes part in its management, whether or not the person is a director or
secretary or the person’s position is given the name of executive officer.
"representative" means—
(a) for an individual—an employee or agent of the
individual; or
(b) for a corporation—an executive officer, employee or
agent of the corporation.
"state of mind" , of a person, includes—
(a) the person’s knowledge,
intention, opinion, belief or purpose; and
(b) the person’s reasons for the
intention, opinion, belief or purpose.
