Fair Work (Registered Organisations) Act 2009

Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

that the officer, director, employee or agent had the state of mind.

Any conduct engaged in on behalf of a body corporate by:

an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or

any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;

A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.

Section 6 defines this Act to include the regulations.