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 325   LIABILITY OF PERSONS (OTHER THAN BODIES CORPORATE) FOR THE CONDUCT OF THEIR AGENTS, EMPLOYEES ETC.  
Liability of principals

325(1)   [ Conduct on behalf of principal]  

Any conduct engaged in on behalf of a person (the principal ) who is not a body corporate:

(a) by any of the following persons (an official ) within the scope of the person's actual or apparent authority:

(i) an employee or agent of the principal;

(ii) if the principal is a partnership - a partner;

(iii) if the principal is the trustees of a trust - a trustee; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of an official of the principal, 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 principal.

325(2)   [ Conduct at direction of an official of the principal]  

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

(a) an official of the principal 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 principal, 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 principal.

State of mind of the principal

325(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 principal 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.