Page:Transport Safety Investigations Act 2018.pdf/46

46 :(b) refused to produce his or her identification card on demand being made by that person.

(2) It is also not an offence under Part 4 for any person to refuse to comply with any requirement made or given by the Director or any investigator under section 28 or 29 to provide any document or information if the person to whom the requirement is made—
 * (a) does not possess the document or information required; or
 * (b) has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.

Division 3—General Offences by corporations

39.—(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;