Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 52

Corporation—negligence

    (1)     This section applies if negligence is a fault element in relation to a physical element of an offence and no individual employee, agent or officer of a corporation has the fault element.

    (2)     The fault element of negligence may exist for the corporation in relation to the physical element if the corporation's conduct is negligent when viewed as a whole (that is, by aggregating the conduct of a number of its employees, agents or officers).

Note     The test of negligence for a corporation is that set out in s 21 (Negligence).



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