THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.1 - INTERPRETATION

SECTION 762   CONDUCT  

View history reference

762(1)  [Reference to engaging in conduct]  

A reference to engaging in conduct is a reference to doing or refusing to do any act, including the making of, or the giving effect to a provision of, an agreement.

762(2)  [Reference to conduct]  

A reference to conduct, when that expression is used as a noun otherwise than as mentioned in subsection (1), is a reference to the doing of, or the refusing to do, any act, including the making of, or the giving effect to a provision of, an agreement.

762(3)  [Establishing body corporate's state of mind]  

Where, in a proceeding under this Chapter in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body, it is sufficient to show that a director, servant or agent of the body, being a director, servant or agent by whom the conduct was engaged in within the scope of the person's actual or apparent authority, had that state of mind.

762(4)  [Deemed conduct of body corporate]  

Conduct engaged in on behalf of a body corporate:

(a)  by a director, servant or agent 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 a director, servant or agent of the body, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed to have been engaged in also by the body corporate.

762(5)  [Establishing person's state of mind]  

Where, in a proceeding under this Chapter in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish the state of mind of the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of the servant's or agent's actual or apparent authority, had that state of mind.

762(6)  [Deemed conduct of person]  

Conduct engaged in on behalf of a person other than a body corporate:

(a)  by a servant or agent of the person within the scope of the actual or apparent authority of the servant or agent; or

(b)  by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;

shall be deemed to have been engaged in also by the first-mentioned person.

762(7)  [Reference to person's state of mind]  

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 person's intention, opinion, belief or purpose.

 

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