Victorian Current Acts

BUILDING ACT 1993 - SECT 243A

    (1)     If, in a proceeding under this Act in relation to conduct that is engaged in by a body corporate and to which this Act applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show—

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

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

    (2)     The following conduct engaged in on behalf of a body corporate is also taken, for the purposes of this Act, to have been engaged in by the body corporate—

        (a)     conduct by an officer, employee or agent of the body corporate within the scope of the actual or apparent authority of the officer, employee or agent; or

        (b)     conduct by any other person—

              (i)     at the direction of an officer, employee or agent of the body corporate; or

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

if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, employee or agent.

    (3)     If, in a proceeding under this Act in relation to conduct that is engaged in by a person (the  principal ) other than a body corporate and to which this Act 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)     that the employee or agent had that state of mind.

    (4)     The following conduct engaged in on behalf of a person (the principal ) other than a body corporate is also taken, for the purposes of this Act, to have been engaged in by the principal—

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

        (b)     conduct 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.

    (5)     A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

S. 244 (Heading) inserted by No. 21/2017 s. 51(1).

S. 244 amended by No. 21/2017 s. 51(2)(3).