sec.135AKConduct by directors, servants or agents

### sec.135AK Conduct by directors, servants or agents This section applies to a proceeding under this division. If— the proceeding concerns alleged conduct engaged in by the retailer; and it is necessary to prove the retailer’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind. Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer— a representative of the retailer, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority; a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority. In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose. s 135AK prev s 135AK ins 2004 No. 50 s 12 exp 30 June 2014 (see s 135JW) pres s 135AK ins 2014 No. 48 s 74 (sec.135AK-ssec.1) This section applies to a proceeding under this division. (sec.135AK-ssec.2) If— the proceeding concerns alleged conduct engaged in by the retailer; and it is necessary to prove the retailer’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind. (sec.135AK-ssec.3) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer— a representative of the retailer, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority; a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority. (sec.135AK-ssec.4) In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose. - (a) the proceeding concerns alleged conduct engaged in by the retailer; and - (b) it is necessary to prove the retailer’s state of mind; - (a) a representative of the retailer, acting within the scope of the representative’s actual or apparent authority; - (b) another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority; - (c) a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; - (d) another person at the direction, or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority. - (a) knowledge, intention, opinion, belief or purpose of the person; and - (b) the person’s reasons for the person’s intention, opinion, belief or purpose.