CYBERSECURITY
53
PART 6
GENERAL
Offences by corporations
36.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that—
- (a) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
- (b) the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person—
- (a) who is—
- (i) an officer of the corporation, or a member of the corporation (in the case where the affairs of the corporation are managed by its members); or
- (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
- (b) who—
- (i) consented or connived, or conspired with others, to effect the commission of the offence;
- (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
