Commonwealth Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 14

Corporations

(1)

If, in any proceedings arising out of paragraph 11(1)(a), it is necessary to establish:

(a)

whether a corporation knew that a Year 2000 disclosure statement was false or misleading in a material particular; or

(b)

whether a corporation was reckless as to whether a Year 2000 disclosure statement was false or misleading in a material particular;

it is sufficient to show that:

(c)

a director, employee or agent of the corporation engaged in conduct in relation to the Year 2000 disclosure statement; and

(d)

the director, employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and

(e)

the director, employee or agent:

(i)

knew that the Year 2000 disclosure statement was false or misleading in a material particular; or

(ii)

was reckless as to whether the Year 2000 disclosure statement was false or misleading in a material particular;

as the case may be.

Persons other than corporations

(2)

If, in any proceedings arising out of paragraph 11(1)(a), it is necessary to establish:

(a)

whether a person other than a corporation knew that a Year 2000 disclosure statement was false or misleading in a material particular; or

(b)

whether a person other than a corporation was reckless as to whether a Year 2000 disclosure statement was false or misleading in a material particular;

it is sufficient to show that:

(c)

an employee or agent of the person engaged in conduct in relation to the Year 2000 disclosure statement; and

(d)

the employee or agent was, in engaging in that conduct, acting within the scope of his or her actual or apparent authority; and

(e)

the employee or agent:

(i)

knew that the Year 2000 disclosure statement was false or misleading in a material particular; or

(ii)

was reckless as to whether the Year 2000 disclosure statement was false or misleading in a material particular;

as the case may be.

Definition

(3)

A reference in this section to a director includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.