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Adelaide Airport Curfew Bill 1998

Part 5 Miscellaneous

   

20   Delegation

                   The Minister may, in writing, delegate the Minister’s powers under section 8, 10 or 17 to:

                     (a)  the Secretary to the Department; or

                     (b)  an officer of the Department.

21   Appointments as authorised persons

             (1)  The Secretary may, in writing, appoint a person to be an authorised person for the purposes of this Act.

             (2)  The Secretary may, in writing, appoint a class of persons to be authorised persons for the purposes of this Act.

22   Conduct by directors, employees and agents

             (1)  If, in proceedings for an offence against this Act, it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show:

                     (a)  that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  that the director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by a director, employee, or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate proves that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

             (3)  If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is enough to show:

                     (a)  that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and

                     (b)  that the employee or agent had the state of mind.

             (4)  Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual, unless the individual proves that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

             (5)  In this section:

director , in relation to a body that:

                     (a)  is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and

                     (b)  is constituted by one or more members;

means the member, or any of the members, constituting the body.

engage in conduct includes fail or refuse to engage in conduct.

offence against this Act includes the following:

                     (a)  an offence against section 6, 7 or 7A of the Crimes Act 1914 that relates to an offence against this Act;

                     (b)  an offence against subsection 86(1) of the Crimes Act 1914 , because of paragraph (a) of that subsection, that relates to an offence against this Act.

state of mind , in relation to a person, includes:

                     (a)  the person’s knowledge, intention, opinion, belief or purpose; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

23   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.