sec.270ZConduct by directors, servants or agents

sec.270Z Conduct by directors, servants or agents

This section applies to a proceeding under this division. If— the proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and it is necessary to prove the distributor’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the distributor, acting within the scope of the representative’s actual or apparent authority, had the state of mind. Conduct engaged in for a distributor by the following persons is taken to have been engaged in by the distributor— a representative of the distributor, 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 distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority. Conduct engaged in for a distributor (the principal ) by the following persons is taken to have been engaged in by the principal— a servant or agent of the principal, 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 principal, 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 270Z ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 (sec.270Z-ssec.1) This section applies to a proceeding under this division. (sec.270Z-ssec.2) If— the proceeding concerns alleged conduct engaged in by a distributor to which a distribution network code applies; and it is necessary to prove the distributor’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the distributor, acting within the scope of the representative’s actual or apparent authority, had the state of mind. (sec.270Z-ssec.3) Conduct engaged in for a distributor by the following persons is taken to have been engaged in by the distributor— a representative of the distributor, 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 distributor, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority. (sec.270Z-ssec.4) Conduct engaged in for a distributor (the principal ) by the following persons is taken to have been engaged in by the principal— a servant or agent of the principal, 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 principal, 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.270Z-ssec.5) 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.