Conduct of employees or agents of persons other than bodies corporate
(1) If, in a proceeding under this Part or the Australian Consumer Law in respect of conduct that is engaged in by a person (the principal) other than 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 principal, it is sufficient to show: (a) that an employee or agent of the principal engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and (b) the employee or agent had that state of mind. (2) Any conduct engaged in on behalf of a person (the principal) other than a body corporate: (a) by an employee or agent of the principal within the scope of the actual or apparent authority of the employee or agent; or (b) by any other person: (i) at the direction of an employee or agent of the principal; or (ii) with the consent or agreement (whether express or implied) of such an employee or agent; if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent; is taken, for the purposes of this Part or the Australian Consumer Law, to have been engaged in also by the principal. (3) If: (a) a person other than a body corporate is convicted of an offence; and (b) subsection (1) or (2) applied in relation to the conviction on the basis that the person was the principal mentioned in that subsection; and (c) the person would not have been convicted of the offence if that subsection had not been enacted; the person is not liable to be punished by imprisonment for that offence.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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