Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/25

Criminal CodeNo 12, 1995 SCHEDULE—continued :(a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or
 * (b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

Mistake of fact (strict liability)

12.5(1) A body corporate can only rely on section 9.2 (mistake of fact (strict liability)) in respect of conduct that would, apart from this section, constitute an offence on its part if:
 * (a) the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have constituted an offence; and
 * (b) the body corporate proves that it exercised due diligence to prevent the conduct.

(2) A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
 * (a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or
 * (b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.

Intervening conduct or event

12.6 A body corporate cannot rely on section 10.1 (intervening conduct or event) in respect of a physical element of an offence brought about by another person if the other person is an employee, agent or officer of the body corporate.