44Conduct of employees or agents of persons other than bodies

44 Conduct of employees or agents of persons other than 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 person other than a body corporate (the principal) in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the principal within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the relevant state of mind. Consumer Affairs and Fair Trading Act 1990 33 (2) Any of the following conduct that is engaged in on behalf of a person other than a body corporate (the principal) is taken, for this Part and the Australian Consumer Law (NT), to have been engaged in also by the principal: (a) conduct engaged in by an employee or agent of the principal 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 an employee or agent of the principal; and (ii) the giving of the direction, consent or agreement is employee or agent. (3) However, an individual is not liable to be punished by imprisonment for an offence if: (a) subsection (1) or (2) applied in relation to the conviction for the offence on the basis that the individual was the principal mentioned in the subsection; and (b) the individual would not have been convicted of the offence if the subsection had not been enacted.