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Consumer Affairs and Fair Trading Act 1990
43Conduct of directors, employees or agents of bodies corporate
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43 Conduct of directors, employees or agents of bodies corporate
(1) If, in a proceeding under this Part or the Australian Consumer Law
(NT), 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 a director, employee or
agent of the body corporate within the scope of his or her
actual or apparent authority; and
(b) that the director, employee or agent had the relevant state of
mind.
(2) Any of the following conduct that is engaged in on behalf of a body
corporate is taken, for this Part and the Australian Consumer
Law (NT), to have been engaged in also by the body corporate:
(a) conduct engaged in 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;
(b) conduct engaged in by any other person if:
(i) the conduct is engaged in at the direction or with the
consent or agreement (whether express or implied) of a
director, employee or agent of the body corporate; and
(ii) the giving of the direction, consent or agreement is
director, employee or agent.