Page:Public Order and Safety (Special Powers) Act 2018.pdf/55

Rh (3) In proceedings for an offence under subsection (1)—
 * (a) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the film, picture, text or audio message is a relevant film or picture or a relevant text or audio message; but
 * (b) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the relevant film or picture was made, communicated or exhibited, or the relevant text or audio message was communicated or exhibited, by the accused with the prior approval of the Commissioner.

Offences by corporations

45.—(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 a corporation whose affairs 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
 * (b) who—
 * (i) consented or connived, or conspired with others, to effect the commission of the offence;