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WORK HEALTH AND SAFETY ACT 2011 - SECT 244
Imputing conduct to bodies corporate
244 Imputing conduct to bodies corporate
(1) For this Act, any conduct engaged in on behalf of a body corporate by an
employee, agent or officer of the body corporate acting within the actual or
apparent scope of his or her employment, or within his or her actual or
apparent authority, is conduct also engaged in by the body corporate.
(2) If
an offence under this Act requires proof of knowledge, intention or
recklessness, it is sufficient in proceedings against a body corporate for the
offence to prove that the person mentioned in subsection (1) had the relevant
knowledge, intention or recklessness.
(3) If for an offence against this Act
mistake of fact is relevant to determining liability, it is sufficient in
proceedings against a body corporate for the offence if the person mentioned
in subsection (1) made the mistake of fact.
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