Page:Infrastructure Protection Act 2017.pdf/67

68 Obstruction

71.—(1) A person must not do any act which has or is likely to have the effect of obstructing or hindering or otherwise preventing any other person from exercising any power, or discharging any duty or complying with any provision or requirement, under this Act.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Offences by corporations

72.—(1) Where, in a proceeding for an offence under this Act, 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 his or her 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.

(2) Where a corporation commits an offence under this Act, a person—
 * (a) who is—
 * (i) an officer of the corporation, or a member of the corporation (in the case where the affairs of the corporation are managed by its members); or
 * (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and