(1) This section applies in a proceeding for an offence against this Act.
(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 diligence, have prevented the act or omission.
(4) In
this section—
"representative" means—
(a) for a water authority—
(i) an executive
officer, employee or agent of the water authority; or
(ii) an employee of a
government entity who performs work for the water authority under a work
performance arrangement between the water authority and the government entity;
or
(b) for a corporation, other than a water authority—an executive
officer, employee or agent of the corporation; or
(c) for an individual—an
employee or agent of the individual.
"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.
