| (1) |
For purposes of this Act a person is regarded as having knowledge of a fact if— |
| (a) |
that person has actual knowledge of the fact; or |
| (b) |
the court is satisfied that— |
| (i) |
the person believes that there is a reasonable possibility of the existence of that fact; and |
| (ii) |
the person has failed to obtain information to confirm the existence of that fact; |
and "knowing" shall be construed accordingly.
| (2) |
For the purposes of this Act a person ought reasonably to have known or suspected a fact if the conclusions that he or she ought to have reached are those which would have been reached by a reasonably diligent and vigilant person having both— |
| (a) |
the general knowledge, skill, training and experience that may reasonably be expected of a person in his or her position; and |
| (b) |
the general knowledge, skill, training and experience that he or she in fact has. |
| (a) |
A reference in this Act to accept or agree or offer to accept any gratification, includes to— |
| (i) |
demand, ask for, seek, request, solicit, receive or obtain; |
| (ii) |
agree to demand, ask for, seek, request, solicit, receive or obtain; or |
| (iii) |
offer to demand, ask for, seek, request, solicit, receive or obtain, |
any gratification.
| (b) |
A reference in this Act to give or agree or offer to give any gratification. Includes to— |
| (i) |
promise, lend, grant, confer or procure; |
| (ii) |
agree to lend, grant, confer or procure; or |
| (iii) |
offer to lend, grant, confer or procure, |
such gratification.
| (4) |
A reference in this Act to any act, includes an omission and "acting" shall be construed accordingly. |
| (5) |
A reference in this Act to any person includes a person in the private sector. |
Gold Membership
