Commonwealth Numbered Acts

SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993 No. 80, 1993 - SECT 66

66. (1) If, in proceedings for an offence against 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, servant or agent of the
        body corporate within the scope of his or her actual or apparent
        authority; and

   (b)  that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director,
servant or agent of the body corporate within the scope of his or her actual
or apparent authority is taken, for the purposes of a prosecution for an
offence against this Act, to have been engaged in also by the body corporate
unless the body corporate establishes that it took reasonable precautions and
exercised due diligence to avoid the conduct.

(3) If, in proceedings for an offence against this Act, it is necessary to
establish the state of mind of an individual in relation to particular
conduct, it is sufficient to show:

   (a)  that the conduct was engaged in by a servant or agent of the
        individual within the scope of his or her actual or apparent
        authority; and

   (b)  that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of an individual by a servant or agent of
the individual within the scope of his or her actual or apparent authority is
taken, for the purposes of a prosecution for an offence against this Act, to
have been engaged in also by the individual unless the individual establishes
that he or she took reasonable precautions and exercised due diligence to
avoid the conduct.

(5) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:

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

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

(6) A reference in this section to a director of a body corporate includes a
reference to a constituent member of, or to a member of a board or other group
of persons administering or managing the affairs of, a body corporate
incorporated for a public purpose by a law of the Commonwealth, of a State or
of a Territory.

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

(8) A reference in this section to an offence against this Act includes a
reference to an offence created by section 5, 6, 7 or 7A or subsection 86(1),
of the Crimes Act 1914, being an offence that relates to this Act.