65AConduct by representatives

65A Conduct by representatives (1) This section applies to a proceeding under this Act or the Australian Consumer Law (ACT) for conduct engaged in by a person. (2) If it is necessary to establish the state of mind of the person, it is sufficient to show that— (a) a representative of the person engaged in the conduct within the scope of the representative’s authority; and (b) the representative had that state of mind. (3) The following conduct is taken to have been engaged in also by the person: (a) conduct of a representative of the person within the scope of the representative’s authority; (b) conduct engaged in on behalf of the person by another person if— (i) the other person engages in the conduct at the direction or with the consent or agreement (whether express or implied) of a representative of the person; and (ii) the giving of the direction, consent or agreement is within the scope of the representative’s authority. (4) An individual is not liable to be punished by imprisonment for an offence if— (a) subsection (2) or (3) applied in relation to the conviction on the basis that the individual was the person (other than a representative) mentioned in the subsection; and (b) the individual would not have been convicted of the offence if the subsection had not been enacted. authority means actual or apparent authority. conduct means an act or an omission to do an act. representative, of a person— (a) means an employee or agent of the person; and (b) if the person is a body corporate—includes a director of the body corporate. Miscellaneous Part 7