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Section : 245B Offences and the Commonwealth-fault elements other than negligence
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (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
- (b) an authorised person for the Commonwealth:
- (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 an agency of the Commonwealth 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. For how negligence applies in relation to the Commonwealth, see