Queensland Consolidated Acts

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DOMESTIC BUILDING CONTRACTS ACT 2000 - SECT 94

94 Responsibility for acts or omissions of representatives

(1) This section applies for a proceeding for an offence against this Act.

(2) If it is relevant to prove a person's state of mind about a particular act or omission, it is enough to show--

(a) the act was done or omitted to be done by a representative of the person within the scope of the representative's actual or apparent authority; and
(b) the representative had the state of mind.

(3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative's actual or apparent authority is taken to have been done or omitted to be done also by the person.

(4) However, subsection (3) does not apply to the person if the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(5) In this section--

representative means--

(a) of a corporation--an executive officer, employee or agent of the corporation; or
(b) of an individual--an employee or agent of the individual.

state of mind, of a person, includes--

(a) the person's knowledge, intention, opinion, belief or purpose; and
(b) the person's reasons for the intention, opinion, belief or purpose.


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