| (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 the fact; and |
| (ii) | the person has failed to obtain information to confirm the existence of that fact, |
and "knows" or "knowing" must be construed accordingly.
| (2) | For 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. |
| (3) | A reference in this Act to any act, includes an omission and "acting"’ must be construed accordingly. |
