CUSTOMS ADMINISTRATION ACT 1985 (REPEALED)
This section applies for the purposes of a prosecution for:
(a) an offence created by a provision in this Act or the regulations; or
(b) an offence created by section 6 of the Crimes Act 1914 , or section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code , that relates to an offence referred to in paragraph (a).
View history note
Hide history noteIf it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show that:
(a) the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) the director, employee or agent had the state of mind. 16AA(3) [Conduct taken to have been engaged by body corporate]
(a) conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and
(b) the conduct is within the scope of his or her actual or apparent authority;
the conduct is taken, for the purposes of the prosecution of 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.
16AA(4) [Definitions]In this section:
"director"
, in relation to a body that:
(a) is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and
(b) is constituted by one or more members;
means the member, or any of the members, constituting the body;
"engage in conduct"
includes fail or refuse to engage in conduct;
"state of mind"
, in relation to 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.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
