Division 6 Public authorities

249   Application to public authorities that are bodies corporate

This Division applies only to public authorities that are bodies corporate.

250   Proceedings against public authorities

(1)  Proceedings may be brought under this Act against a public authority in its own name.

(2)  Nothing in this Division affects any privileges that a public authority may have under the Crown.

251   Imputing conduct to public authorities

(1)  For the purposes of this Act, any conduct engaged in on behalf of a public authority by an employee, agent or officer of the public authority acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the public authority.

(2)  If an offence under this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against the public authority for that offence to prove that the person referred to in subsection (1) had the relevant knowledge, intention or recklessness.

(3)  If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against the public authority for that offence if the person referred to in subsection (1) made that mistake of fact.

252   Officer of public authority

(1)  A person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of a public authority is taken to be an officer of the public authority for the purposes of this Act.

(2)  A Minister of a State or the Commonwealth is not in that capacity an officer for the purposes of this Act.

253   Proceedings against successors to public authorities

(1)  Proceedings for an offence against this Act that were instituted against a public authority before its dissolution, or that could have been instituted against a public authority if not for its dissolution, may be continued or instituted against its successor if the successor is a public authority.

(2)  A penalty notice served on a public authority for an offence against this Act is taken to be a penalty notice served on its successor if the successor is a public authority.

(3)  Similarly, any penalty paid by a public authority in relation to an penalty notice is taken to be a penalty paid by its successor if the successor is a public authority.