Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 139C

Conduct of employees or agents of persons other than bodies corporate

  (1)   If, in a proceeding under this Part or the Australian Consumer Law in respect of conduct that is engaged in by a person (the principal ) other than a body corporate and to which this Part or the Australian Consumer Law applies, it is necessary to establish the state of mind of the principal, it is sufficient to show:

  (a)   that an employee or agent of the principal engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and

  (b)   the employee or agent had that state of mind.

  (2)   Any conduct engaged in on behalf of a person (the principal ) other than a body corporate:

  (a)   by an employee or agent of the principal within the scope of the actual or apparent authority of the employee or agent; or

  (b)   by any other person:

  (i)   at the direction of an employee or agent of the principal; or

  (ii)   with the consent or agreement (whether express or implied) of such an employee or agent;

    if 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 this Part or the Australian Consumer Law, to have been engaged in also by the principal.

  (3)   If:

  (a)   a person other than a body corporate is convicted of an offence; and

  (b)   subsection   (1) or (2) applied in relation to the conviction on the basis that the person was the principal mentioned in that subsection; and

  (c)   the person would not have been convicted of the offence if that subsection had not been enacted;

the person is not liable to be punished by imprisonment for that offence.


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