Conduct by directors, servants or agents
120ZA Conduct by directors, servants or agents
This section applies to a proceeding under this subdivision.
If—
the proceeding concerns alleged conduct engaged in by an electricity entity or retailer to which a distribution network code applies; and
it is necessary to prove the entity’s or retailer’s state of mind;
it is enough to prove that a director, servant or agent (a representative) of the entity or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.
Conduct engaged in for an electricity entity or retailer by the following persons is taken to have been engaged in by the entity or retailer—
a representative of the entity or retailer, acting within the scope of the representative’s actual or apparent authority;
another person at the direction, or with the consent or agreement, of a representative of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.
Conduct engaged in for an electricity entity or retailer by the following persons is taken to have been engaged in by the entity or retailer—
a servant or agent of the entity or retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;
another person at the direction or with the consent or agreement, of a servant or agent of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.
In this section—
consent or agreement includes an implied consent or agreement.
state of mind, of a person, may include—
knowledge, intention, opinion, belief or purpose of the person; and
the person’s reasons for the person’s intention, opinion, belief or purpose.
This Act’s bill:Explanatory memorandum
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