Section 139B — Competition and Consumer Act 2010 (Cth)

(1) If, in a proceeding under this Part or the Australian Consumer Law in respect of conduct that is engaged in by a body corporate and to which this Part or the Australian Consumer Law applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show:

(a) that a director, employee or agent of the body corporate engaged in that conduct within the scope of the actual or apparent authority of the director, employee or agent; and

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

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

(a) by a director, employee or agent of the body corporate within the scope of the actual or apparent authority of the director, employee or agent; or

(b) by any other person:

(i) at the direction of a director, employee or agent of the body corporate; or

(ii) with the consent or agreement (whether express or implied) of such a director, employee or agent;

if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;

is taken, for the purposes of this Part or the Australian Consumer Law, to have been engaged in also by the body corporate.

Related sections

• s 138E — Transfer of proceedings to the Federal Circuit and Family Court of Australia (Division 1)
• s 139 — Intervention by the Commission
• s 139A — Terms excluding consumer guarantees from supplies of recreational services
• s 139C — Conduct of employees or agents of persons other than bodies corporate
• s 139D — Enforcement and recovery of certain fines
• s 139DA — Application of section 229 of the Australian Consumer Law to a person other than a body corporate

Research how courts apply s 139B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.