Commonwealth Consolidated Acts

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SEX DISCRIMINATION ACT 1984 - SECT 106

Vicarious liability etc.

             (1)  Subject to subsection (2), where an employee or agent of a person does, in connection with the employment of the employee or with the duties of the agent as an agent:

                     (a)  an act that would, if it were done by the person, be unlawful under Division 1 or 2 of Part II (whether or not the act done by the employee or agent is unlawful under Division 1 or 2 of Part II); or

                     (b)  an act that is unlawful under Division 3 of Part II;

this Act applies in relation to that person as if that person had also done the act.

             (2)  Subsection (1) does not apply in relation to an act of a kind referred to in paragraph (1)(a) or (b) done by an employee or agent of a person if it is established that the person took all reasonable steps to prevent the employee or agent from doing acts of the kind referred to in that paragraph.



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