84AConduct by officers, employees or agents

84A Conduct by officers, employees or agents

(1) If in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and

(ii) the agent had that state of mind; and

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(2) For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by—

(a) an officer of the body corporate within the scope of the officer's actual or apparent authority; or

(b) any other person at the specific direction or with the specific consent or agreement of an officer of the body corporate, if the consent or agreement is within the scope of the actual or apparent authority of the officer.

(3) If in any proceedings under this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an employee of that person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or

(b) that the conduct was engaged in by an agent of the person and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the person; and

(ii) the agent had that state of mind; and

(iii) the person was aware of the agent's state of mind when the conduct was engaged in.

S. 84A(4) inserted by No. 35/2009 s. 16.

(4) In this section officer has the same meaning as officer of a corporation has in section 9 of the Corporations Act.