Excise Act 1901

PART XI - EXCISE PROSECUTIONS  

SECTION 145A   CONDUCT BY DIRECTORS, EMPLOYEES OR AGENTS  

145A(1)  


Where, in an Excise prosecution in respect of any conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, employee or agent of the body corporate, being a director, employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

145A(2)  


Any conduct engaged in on behalf of a body corporate:


(a) by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or


(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

145A(3)  


Where, in an Excise prosecution in respect of any conduct engaged in by a person other than a body corporate, it is necessary to establish the state of mind of the person, it is sufficient to show that an employee or agent of the person, being an employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

145A(4)  
Any conduct engaged in on behalf of a person other than a body corporate:


(a) by an employee or agent of the person within the scope of the actual or apparent authority of the employee or agent; or


(b) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent;

shall be deemed, for the purposes of this Act, to have been engaged in also by the first-mentioned person.

145A(5)  
A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person ' s reasons for his or her intention, opinion, belief or purpose.




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