Commonwealth Numbered Acts

DISABILITY DISCRIMINATION ACT 1992 No. 135 of 1992 - SECT 123

123.(1) If, for the purposes of this Act, it is necessary to establish the
state of mind of a body corporate in relation to particular conduct, it is
sufficient to show:

   (a)  that the conduct was engaged in by a director, servant or agent of the
        body corporate within the scope of his or her actual or apparent
        authority; and

   (b)  that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director,
servant or agent of the body corporate within the scope of his or her actual
or apparent authority is taken, for the purposes of this Act, to have been
engaged in also by the body corporate unless the body corporate establishes
that the body corporate took reasonable precautions and exercised due
diligence to avoid the conduct.

(3) If, for the purposes of this Act, it is necessary to establish the state
of mind of a person other than a body corporate in relation to a particular
conduct, it is sufficient to show:

   (a)  that the conduct was engaged in by a servant or agent of the person
        within the scope of his or her actual or apparent authority; and

   (b)  that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate
by a servant or agent of the person within the scope of his or her actual or
apparent authority is taken, for the purposes of this Act, to have been
engaged in also by the first-mentioned person unless the first-mentioned
person establishes that the first-mentioned person took reasonable precautions
and exercised due diligence to avoid the conduct.

(5) If:

   (a)  a person other than a body corporate is convicted of an offence; and

   (b)  the person would not have been convicted of the offence if subsections
        (3) and (4) had not been enacted; the person is not liable to be
        punished by imprisonment for that offence.

(6) If a person attends a conference under Division 2 of Part 4, or appears
before the Commission under Division 3 of Part 4, on behalf of a body of
persons, whether corporate or unincorporate, any conduct by that person in so
attending or appearing is taken, for the purposes of this Act, to be conduct
of the body.

(7) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:

   (a)  the knowledge, intention, opinion, belief or purpose of the person;
        and

   (b)  the person's reasons for the intention, opinion, belief or purpose.

(8) A reference in this section to a director of a body corporate includes a
reference to a constituent member of a body corporate incorporated for a
public purpose by a law of the Commonwealth, of a State or of a Territory.

(9) A reference in this section to engaging in conduct includes a reference to
failing or refusing to engage in conduct.