Document ID: chunk:federal_register_of_legislation:C2025C00012:clause:1_1229b
Version: federal_register_of_legislation:C2025C00012
Segment Type: clause
Provision Reference: sch 1 cl 1229B
Character Range: 121545–124081

1229B  General rule for attributing conduct and state of mind to a CCIV

Attributing conduct to a CCIV
 (1) Conduct engaged in by a person (other than a CCIV) is taken to have been engaged in also by a CCIV if:
 (a) the person is specified in column 1 of an item of the table in subsection (4) in relation to the CCIV; and
 (b) the conduct was engaged in on behalf of the CCIV; and
 (c) in engaging in the conduct, the person met any conditions specified in column 2 of that item of the table.

Attributing conduct to a person in relation to a CCIV
 (2) Conduct engaged in by a person in relation to another person (other than a CCIV) (the counterparty) is taken to have also been engaged in in relation to a CCIV if:
 (a) the counterparty is specified in column 1 of an item of the table in subsection (4) in relation to the CCIV; and
 (b) the counterparty was acting on behalf of the CCIV; and
 (c) in acting on behalf of the CCIV, the counterparty met any conditions specified in column 2 of that item of the table.
Note: For example, money given to a person specified in column 1 of an item of the table in relation to a CCIV is taken to have been given to the CCIV, if the person was acting on behalf of the CCIV when they received the money.

Attributing state of mind to a CCIV
 (3) If, for the purposes of a provision of a law of the Commonwealth, it is necessary to establish a CCIV's state of mind in relation to particular conduct, it is sufficient to show that:
 (a) a person specified in column 1 of an item of the table in subsection (4) in relation to the CCIV engaged in the conduct on behalf of the CCIV; and
 (b) in engaging in the conduct, the person met any conditions specified in column 2 of that item of the table; and
 (c) the person had that state of mind.

Specified persons and applicable conditions
 (4) For the purposes of subsections (1), (2) and (3), the table is as follows:

Persons whose conduct and state of mind may be attributed to a CCIV
Item                                                                 Column 1                                                                                                                                                                                                 Column 2
                                                                     Person specified for a CCIV:                                                                                                                                                                             Condition: