sec.271AKConduct by directors, servants or agents

sec.271AK Conduct by directors, servants or agents

This section applies to a proceeding for a civil penalty, an interim injunction or an injunction 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 distributor or 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. Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the principal— 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 271AK ins 2014 No. 48 s 164 (sec.271AK-ssec.1) This section applies to a proceeding for a civil penalty, an interim injunction or an injunction under this division. (sec.271AK-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 distributor or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind. (sec.271AK-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. (sec.271AK-ssec.4) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the principal— 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.271AK-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.