Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 106

Vicarious liability etc.

  (1)   Subject to subsection   (2), where an employee or agent of a person does, in connection with the employment of the employee or with the duties of the agent as an agent:

  (a)   an act that would, if it were done by the person, be unlawful under Division   1 or 2 of Part   II (whether or not the act done by the employee or agent is unlawful under Division   1 or 2 of Part   II); or

  (b)   an act that is unlawful under Division   3 of Part   II;

this Act applies in relation to that person as if that person had also done the act.

  (2)   Subsection   (1) does not apply in relation to an act of a kind referred to in paragraph   (1)(a) or (b) done by an employee or agent of a person if it is established that the person took all reasonable steps to prevent the employee or agent from doing acts of the kind referred to in that paragraph.


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