Document ID: chunk:federal_register_of_legislation:C2024C00630:section:106
Version: federal_register_of_legislation:C2024C00630
Segment Type: section
Provision Reference: s 106
Character Range: 128464–129316

106  Vicarious liability etc.
 (1) Subject to subsection (2), where an employee or agent of a person does, in connection with the employment of the employee or with the duties of the agent as an agent:
 (a) an act that would, if it were done by the person, be unlawful under Division 1 or 2 of Part II (whether or not the act done by the employee or agent is unlawful under Division 1 or 2 of Part II); or
 (b) an act that is unlawful under Division 3 of Part II;
this Act applies in relation to that person as if that person had also done the act.
 (2) Subsection (1) does not apply in relation to an act of a kind referred to in paragraph (1)(a) or (b) done by an employee or agent of a person if it is established that the person took all reasonable steps to prevent the employee or agent from doing acts of the kind referred to in that paragraph.