§ 386AD — State of mind of corporation, unincorporated association, etc.

386AD.—(1) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)

an officer, employee or agent of the corporation engaged in that conduct within the scope of the officer’s, employee’s or agent’s actual or apparent authority; and

(b)

the officer, employee or agent had that state of mind,

is evidence that the corporation had that state of mind.

[15/2017]

(2) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)

an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of the employee’s or agent’s actual or apparent authority; and

(b)

the employee or agent had that state of mind,

is evidence that the unincorporated association or partnership had that state of mind.

[15/2017]

—(1) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)

an officer, employee or agent of the corporation engaged in that conduct within the scope of the officer’s, employee’s or agent’s actual or apparent authority; and

(b)

the officer, employee or agent had that state of mind,

is evidence that the corporation had that state of mind.

[15/2017]

(2) Where, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)

an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of the employee’s or agent’s actual or apparent authority; and

(b)

the employee or agent had that state of mind,

is evidence that the unincorporated association or partnership had that state of mind.

[15/2017]