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Section : 99A Conduct of directors, employees and agents
Domain : Human Resource Management
Classification : Not Identified

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(1) Where, in proceedings for an offence against this Act or for a civil penalty order under the Regulatory Powers Act (as it applies in relation to the civil penalty provisions of 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:

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

(2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act or proceedings for a civil penalty order under the Regulatory Powers Act (as it applies in relation to the civil penalty provisions of this Act), to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.