Commonwealth Repealed Acts
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This legislation has been repealed.
CORPORATIONS LAW
- SECT 821
No contracting out of liability for representative's
conduct
- (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 819
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).
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