Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 81

Employees and agents

81. Employees and agents



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

   (a)  an employee or agent of the person had that state of mind; and

   (b)  the employee or agent engaged in the conduct within the scope of his
        or her actual or apparent authority.





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