Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1187

1187. (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;

   (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 shall 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).