Australian Capital Territory Repealed Acts

This legislation has been repealed.

LOW-ALCOHOL LIQUOR SUBSIDIES ACT 2000 NO 59 (REPEALED) - SECT 59

    (1)     In this section:

"representative" means—

        (a)     for a corporation—an executive officer, employee or agent of the corporation; or

        (b)     for an individual—an employee or agent of the individual.

"state of mind", of a person, includes:

        (a)     the person's knowledge, intention, opinion, belief or purpose; and

        (b)     the person's reasons for the intention, opinion, belief or purpose.

    (2)     This section applies to a prosecution for any offence against this Act, or if it is otherwise relevant for this Act to prove a person's state of mind about an act or omission.

    (3)     If it is relevant to prove a person's state of mind about an act or omission, it is enough to show—

        (a)     the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and

        (b)     the representative had the state of mind.

    (4)     An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

    (5)     An individual who is convicted of an offence cannot be punished by imprisonment for the offence if the individual would not have been convicted of the offence without subsection (3) or (4).