Companies Act · s 310D

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310D.
(I) Where, in a proceeding for an offence under this Part, 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 the officer's, employee's or agent's 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, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that -
(a) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of the employee's or agent's actual or apparent authority; and
(b) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state

228

Companies
Meaning of "legal privilege" [S 37/2020]

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s 310D

(I)

Where, in a proceeding for an offence under this Part, 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 the officer's, employee's or agent's 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, in a proceeding for an offence under this Part, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that -

(a)

an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of the employee's or agent's actual or apparent authority; and

(b)

the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state

228

Companies

Meaning of "legal privilege" [S 37/2020]