Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 53

53. Section 84 of the Principal Act is repealed and the following section is
substituted:
Conduct by directors, servants or agents   "84. (1) Where, in a proceeding
under this Part in respect of conduct engaged in by a body corporate, being
conduct in relation to which section 46 or Part V applies, it is necessary to
establish the state of mind of the body corporate, it is sufficient to show
that a director, servant or agent of the body corporate, being a director,
servant or agent by whom the conduct was engaged in within the scope of the
person's actual or apparent authority, had that state of mind.

"(2) Any conduct engaged in on behalf of a body corporate-

   (a)  by a director, servant or agent of the body corporate within the scope
        of the person's actual or apparent authority; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a director, servant or agent of the
        body corporate, where the giving of the direction, consent or
        agreement is within the scope of the actual or apparent authority of
        the director, servant or agent, shall be deemed, for the purposes of
        this Act, to have been engaged in also by the body corporate.

"(3) Where, in a proceeding under this Part in respect of conduct engaged in
by a person other than a body corporate, being conduct in relation to which a
provision of Part V applies, it is necessary to establish the state of mind of
the person, it is sufficient to show that a servant or agent of the person,
being a servant or agent by whom the conduct was engaged in within the scope
of the servant's or agent's actual or apparent authority, had that state of
mind.

"(4) Conduct engaged in on behalf of a person other than a body corporate-

   (a)  by a servant or agent of the person within the scope of the actual or
        apparent authority of the servant or agent; or

   (b)  by any other person at the direction or with the consent or agreement
        (whether express or implied) of a servant or agent of the
        first-mentioned person, where the giving of the direction, consent or
        agreement is within the scope of the actual or apparent authority of
        the servant or agent, shall be deemed, for the purposes of this Act,
        to have been engaged in also by the first-mentioned person.

"(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 person's intention, opinion, belief or
purpose.".