Victorian Numbered Acts Victorian Numbered Acts(1) For the purposes of a proceeding against a body corporate for an employee entitlement offence—
(a) relevant conduct engaged in by an officer of the body corporate to the extent that the officer is acting within the actual or apparent scope of the officer's employment or within the officer's actual or apparent authority must also be attributed to the body corporate; and
(b) knowledge or intention of, or a belief held by, any of the following must also be attributed to the body corporate—
(i) the board of directors of the body corporate;
(ii) an officer of the body corporate.
(2) For the purposes of a proceeding against a body corporate for an employee entitlement offence—
(a) relevant conduct engaged in by an associate of the body corporate must also be attributed to the body corporate if—
(i) an officer of the body corporate or the board of directors of the body corporate authorised or permitted the relevant conduct to be carried out, whether expressly or impliedly; or
(ii) a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the relevant conduct being carried out; and
(b) knowledge or intention of, or a belief held by, an associate of the body corporate must also be attributed to the body corporate if a corporate culture existed within the body corporate that directed, encouraged, tolerated or led to the acquisition of the knowledge or the formation of that intention or belief.
(3) It is not necessary that each element of an employee entitlement offence that is attributed to a body corporate by force of this section be supplied by the same officer or associate of the body corporate.
(4) In this section—
"engage in conduct" includes fail or refuse to engage in conduct.