Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12gh
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12GH
Character Range: 100330–102737

12GH  Conduct by directors, servants or agents

 (1) If, in a proceeding under this Subdivision in respect of conduct engaged in by a body corporate, being conduct in relation to which the Division applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of the person's actual or apparent authority, had that state of mind.

 (2) Any conduct engaged in on behalf of a body corporate:
 (a) by a director, servant or agent of the body corporate within the scope of the person's actual or apparent authority; or
 (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
is taken, for the purposes of this Division, to have been engaged in also by the body corporate.

 (3) If, in a proceeding under this Subdivision in respect of conduct engaged in by a person other than a body corporate, being conduct in relation to which a provision of this Division applies, it is necessary to establish the state of mind of the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of the servant's or agent's actual or apparent authority, had that state of mind.

 (4) Conduct engaged in on behalf of a person (the principal) other than a body corporate:
 (a) by a servant or agent of the person within the scope of the actual or apparent authority of the servant or agent; or
 (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;
is taken, for the purposes of this Division, to have been engaged in also by the principal.

 (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the person's intention, opinion, belief or purpose.