Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 80

Proceeding against body corporate

80. Proceeding against body corporate



(1) If, in a proceeding for an offence against this Act, it is necessary to
establish the state of mind of a body corporate in relation to particular
conduct, it is sufficient to show that-

   (a)  the conduct was engaged in by a director, employee or agent of the
        body corporate within the scope of his or her actual or apparent
        authority; and

   (b)  the director, employee or agent had that state of mind.

(2) If a director, employee or agent of a body corporate engages in conduct on
behalf of the body corporate within the scope of his or her actual or apparent
authority, the body corporate must be taken, for the purposes of a prosecution
for an offence against this Act, also to have engaged in the conduct unless
the body corporate establishes that it took reasonable precautions and
exercised due diligence to avoid the conduct.

(3) Unless the contrary intention appears, if a body corporate is found guilty
of an offence against this Act, the court may impose a fine not exceeding 5
times the maximum amount which the court could otherwise impose in respect of
the offence.