Page:Resource Sustainability Act 2019.pdf/41

42 Offences by corporations

46.—(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
 * (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;
 * (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
 * (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,

shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the