Page:Cybersecurity Act 2018.pdf/54

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CYBERSECURITY
55


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

Offences by unincorporated associations or partnerships

37.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that—

(a) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b) the employee or agent had that state of mind,

is evidence that the unincorporated association or partnership had that state of mind.

(2) Where an unincorporated association or a partnership commits an offence under this Act, a person—

(a) who is—
(i) an officer of the unincorporated association or a member of its governing body;
(ii) a partner in the partnership; or
(iii) an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership 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 unincorporated association or the partnership; or