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Section : 244B Fault elements other than negligence
Domain : Human Resource Management
Classification : Not Identified

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(ii) expressly, tacitly or impliedly authorised or permitted the conduct constituting the offence; or
(b) an authorised person for the body corporate:
(i) engaged in the conduct constituting the offence and had that state of mind in relation to the physical element of the offence; or
(ii) expressly, tacitly or impliedly authorised or permitted the conduct constituting the offence; or
(c) a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the conduct constituting the offence.
(1A) For the purposes of subsection (1), having a state of mind in relation to a physical element of an offence does not include being negligent with respect to that physical element.
Note: For how negligence applies in relation a body corporate, see section 244BA.
(2) For the purposes of subsection (1):
(a) paragraphs (1)(b) and (c) do not apply if the body corporate proves it took reasonable precautions to prevent the conduct constituting the offence; and