794ALiability of Australian governments under civil remedy provisions

794A Liability of Australian governments under civil remedy provisions

Scope

(1) This section applies for the purposes of applying a civil remedy provision, or any other provision of this Act in so far as it relates to a civil remedy provision, in relation to an Australian government.

(2) Each of the following is an Australian government:

(a) the Commonwealth;

(b) a State;

(c) the Australian Capital Territory;

(d) the Northern Territory.

Conduct of Australian governments

(3) Any conduct engaged in on behalf of an Australian government by an officer, employee or agent (an official) of the government within the scope of the official’s actual or apparent authority is taken, for the purposes of this Act and the procedural rules, to have been engaged in also by the government.

State of mind of Australian governments

(4) If, for the purposes of this Act or the procedural rules, it is necessary to establish the state of mind of an Australian government in relation to particular conduct, it is enough to show:

(a) that the conduct was engaged in by an official of the government; and

(b) that the official had that state of mind.

Note: For state of mind, see subsection 793(3).

Determining penalty amounts for Australian governments

(5) If an Australian government contravenes a civil remedy provision, the pecuniary penalty that government may be ordered to pay under a pecuniary penalty order is the penalty applicable to a body corporate.

Modifications

(6) This section applies in relation to an Australian government subject to any modifications prescribed by the regulations.

Meaning of employee

(7) In this section, employee has its ordinary meaning.