Australian Capital Territory Numbered Acts

DOOR-TO-DOOR TRADING ACT 1991 (NO. 7 OF 1991) - SECT 18

        (a)     that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and

        (b)     that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.

(2) A reference in subsection (1) to the state of mind of a body or person includes a reference to—

        (a)     the knowledge, intention, opinion, belief or purpose of the body or person; and

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

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

(4) Where an offence against this Act is committed by a supplier or dealer in relation to a contract to which this Act applies, any other person who has derived or would, if the contract were carried out, expect to derive a direct or indirect financial benefit from the contract is guilty of an offence and liable to the same penalty as is prescribed for the first-mentioned offence, unless the other person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct by the supplier or dealer.

(5) Where an offence against this Act is committed by a body corporate, every director of the body corporate is also guilty of an offence and liable to the same penalty as is prescribed for the first-mentioned offence unless it is proved that the director could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.

(6) Where—

        (a)     a natural person is convicted of an offence against this Act; and

        (b)     the person would not have been convicted of the offence if subsections (1), (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

(7) A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.

(8) A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.