National Consumer Credit Protection Act 2009

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - MISCELLANEOUS  

Division 2 - Liability of persons for conduct of their agents etc.  

SECTION 324   LIABILITY FOR BODIES CORPORATE FOR CONDUCT OF THEIR AGENTS, EMPLOYEES ETC.  
Liability of bodies corporate

324(1)   [ Conduct on behalf of body corporate]  

Any conduct engaged in on behalf of a body corporate:

(a) by a director, employee or agent (an official ) of the body within the scope of the person's actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;

is taken, for the purposes of this Act (other than the National Credit Code), to have been engaged in also by the body.

324(2)   [ Conduct at direction of an official of the body]  

Any conduct engaged in by a person (for example, the giving of money) in relation to:

(a) an official of the body acting within the scope of his or her actual or apparent authority; or

(b) any other person acting at the direction or with the consent or agreement (whether express or implied) of an official of the body, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the official;

is taken, for the purposes of this Act (other than the National Credit Code), to have been engaged in also in relation to the body.

State of mind of a body corporate

324(3)    
If, for the purposes of this Act (other than the National Credit Code), it is necessary to establish the state of mind of the body corporate in relation to particular conduct, it is enough to show:

(a) that the conduct was engaged in by a person referred to in paragraph (1)(a) or (b); and

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

Disapplication of Part 2.5 of the Criminal Code

324(4)    
Part 2.5 of the Criminal Code does not apply to an offence against this Act.

Note:

Part 2.5 of the Criminal Code deals with corporate criminal responsibility, but this section instead deals with that for the purposes of this Act (other than the National Credit Code), and section 199 of the National Credit Code deals with that for the purpose of that Code.