Commonwealth Numbered Acts

AIRCRAFT NOISE LEVY COLLECTION ACT 1995 No. 98 of 1995 - SECT 16

16.(1) Subject to subsection (2), in proceedings against a body corporate for
an offence against this Act:

   (a)  any conduct engaged in by a director, servant or agent of the body
        corporate within the actual or apparent scope of his or her employment
        or within his or her actual or apparent authority is taken to have
        been engaged in also by the body corporate; and
(b) it is taken to be established that conduct (the "relevant conduct") was
engaged in by the body corporate knowingly if it is proved:

        (i)    that the directors of the body corporate knowingly engaged in
               the relevant conduct or expressly, tacitly or impliedly
               authorised or permitted the relevant conduct to be engaged in;
               or

        (ii)   that a servant or agent of the body corporate with duties of
               such responsibility that his or her conduct may fairly be
               assumed to represent the policy of the body corporate knowingly
               engaged in the relevant conduct or expressly, tacitly or
               impliedly authorised or permitted the relevant conduct to be
               engaged in.

(2) Subparagraph (1)(b)(ii) does not apply if the body corporate proves that
it exercised due diligence to prevent the relevant conduct.

(3) Subject to subsection (4), in proceedings against an individual for an
offence against this Act:

   (a)  any conduct engaged in by a servant or agent of the individual within
        the actual or apparent scope of his or her employment or within his or
        her actual or apparent authority is taken to have been engaged in also
        by the individual; and
(b) it is taken to be established that conduct (the "relevant conduct") was
engaged in by the individual knowingly if it is proved that a servant or agent
of the individual with duties of such responsibility that his or her conduct
may fairly be assumed to represent the policy of the individual knowingly
engaged in the relevant conduct or expressly, tacitly or impliedly authorised
or permitted the relevant conduct to be engaged in.

(4) Paragraph (3)(b) does not apply if the individual proves that he or she
exercised due diligence to prevent the relevant conduct.

(5) If:

   (a)  an individual is convicted of an offence against this Act; and

   (b)  the individual would not have been convicted of the offence if
        subsections (3) and (4) had not been enacted; the individual is not
        liable to be punished by imprisonment for the offence.

(6) A reference in this section to engaging in conduct includes a reference to
failing or refusing to engage in conduct.

(7) In this section:

"director", in relation to a body corporate incorporated for a public purpose
by a law of the Commonwealth, of a State or of a Territory, means:

   (a)  a constituent member of the body; or

   (b)  if the body does not have any members-a member of the board or other
        group of persons responsible for the administration or management of
        the affairs of the body;

"offence against this Act" includes an offence against:

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  subsection 86(1) of that Act because of paragraph (a) of that
        subsection; that relates to an offence against this Act.