Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1187

No contracting out of liability for representative's conduct

(1) For the purposes of this section, a liability of a person:

(a)
in respect of conduct engaged in by another person as a representative of the first-mentioned person; or

(b)
arising under section 1185 because another person has engaged in, proposed to engage in, or represented that the other person proposed to engage in, particular conduct;

is a liability of the first-mentioned person in respect of the other person.

(2) Subject to this section, an agreement is void in so far as it purports to exclude, restrict or otherwise affect a liability of a person in respect of another person, or to provide for a person to be indemnified in respect of a liability of the person in respect of another person. (3) Subsection (2) does not apply in relation to an agreement in so far as it:

(a)
is a contract of insurance; or

(b)
provides for a representative of a person to indemnify the person in respect of a liability of the person in respect of the representative; or

(c)
provides for a licensee from whom a person holds a proper authority to indemnify another such licensee in respect of a liability of the other licensee in respect of the person.

(4) A person must not make, offer to make, or invite another person to offer to make, in relation to a liability of the first-mentioned person in respect of a person, an agreement that is or would be void, in whole or in part, by virtue of subsection (2).



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