Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Section 28 o f the Principal Act is amended ;
(a) by inserting in subsection (3) " , other than an offence against t he section referred to i n subsection (4) " after " Act " ;
(b) by omitting from paragraph ( 3) (b) " $5,000 " and substituting " $10,000 " ; and
(c) by adding at the e nd the following subsection s:
" (4) Where, in accordance with subsection (2), a court of summa ry jurisdiction convicts a person of an offence against section 9, the penalty that the court may impose is a fine not exceeding :
(a) in the case of a person, not be ing a body corporate -- $5,000; or
(b) in the case of a person, being a body corporate -- $25,000.
" (5) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, i t is necessary to establish the state of mind of the corporation, it is suff icient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within th e scope of his or her actual or apparent autho rity, had that state of mind.
" (6) Any conduct engaged in on behalf of a corporation ;
(a) by a director, servant or agent of t he corporation within the scope of his or her a ctual or apparent authority; or
(b) by any other person at the direction o r with the consent or agreement (whether express or implied) of a di rector, servant or agent of the corporation, where the giving of such dir ection, consent or agreement is within the scope of the actual or apparent aut hority of the director, servant or agent, shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.
" (7) A reference in subsection (5) t o the state of mind of a person includes a reference to the knowledge, intent ion, opinion, belief or purpose of the person and the person ' s reasons for the intention, opinion, belief or purpose. " .
(2) Section 28 of the Principal Act is amended ;
(a) by omitting from subsection (3) " the section " an d substituting " a section " ; and
(b) by inserting in subsection (4) " or 21 " after " s ection 9 " .
(3) Section 28 of the Principal Act is amended by omitting from subsection (4) " or 21 " and substitu ting " , 21, 26AB, 26D or 26F " .