Competition and Consumer Act 2010

If, in a proceeding under this Part or the Australian Consumer Law in respect of conduct that is engaged in by a person (the principal) other than a body corporate and to which this Part or the Australian Consumer Law applies, it is necessary to establish the state of mind of the principal, it is sufficient to show:

that an employee or agent of the principal engaged in that conduct within the scope of the actual or apparent authority of the employee or agent; and

the employee or agent had that state of mind.

Any conduct engaged in on behalf of a person (the principal) other than a body corporate:

by an employee or agent of the principal within the scope of the actual or apparent authority of the employee or agent; or

by any other person:

at the direction of an employee or agent of the principal; or

with the consent or agreement (whether express or implied) of such an employee or agent;

If:

a person other than a body corporate is convicted of an offence; and

subsection (1) or (2) applied in relation to the conviction on the basis that the person was the principal mentioned in that subsection; and

the person would not have been convicted of the offence if that subsection had not been enacted;