Document ID: chunk:federal_register_of_legislation:C2025C00185:section:769b:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 769B (pt 1/3)
Character Range: 3054918–3057453

769B  People are generally responsible for the conduct of their agents, employees etc.
 (1) Subject to subsections (7) and (8), conduct engaged in on behalf of a body corporate:
 (a) by a director, employee or agent of the body, 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, employee or agent of the body, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;
is taken, for the purposes of a provision of this Chapter, or a proceeding under this Chapter, to have been engaged in also by the body corporate.
 (2) Conduct engaged in by a person (for example, the giving of money or property) in relation to:
 (a) a director, employee or agent of a body corporate, acting within the scope of their actual or apparent authority; or
 (b) any other person acting at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of a body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;
is taken, for the purposes of a provision of this Chapter, or a proceeding under this Chapter, to have been engaged in also in relation to the body corporate.
 (3) If, in a proceeding under this Chapter in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body, it is sufficient to show that a director, employee or agent of the body, being a director, employee 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. For this purpose, a person acting as mentioned in paragraph (1)(b) is taken to be an agent of the body corporate concerned.
 (4) Subject to subsections (7) and (8), conduct engaged in on behalf of a person other than a body corporate:
 (a) by an employee or agent of the person, acting within the scope of the actual or apparent authority of the employee or agent; or
 (b) by any other person acting at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent;
is taken, for the purposes of a provision of