60OImputing conduct to bodies corporate

60O Imputing conduct to bodies corporate

(1) For the purposes of this Act, any conduct engaged in or on behalf of a body corporate by an employee, agent or officer of the body corporate acting within the actual or apparent scope of employment or apparent authority of the employee, agent or officer, is taken to be conduct also engaged in by the body corporate.

(2) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an officer or employee of the body corporate within the scope of the officer's or employee's actual or apparent authority and the officer or employee had that state of mind; or

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; or

(ii) the agent had that state of mind; or

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(3) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

(4) In this section, officer has the same meaning given by section 9 of the Corporations Act.

S. 60P inserted by No. 33/2019 s. 28.