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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 821
No contracting out of liability for representative's
(1) For the purposes of this section, a liability of a person:
- in respect of conduct engaged in by another person as a representative of the
first-mentioned person; or
- arising under section 819 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
- is a contract of insurance; or
- 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
- 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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