South Australian Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 11

11—False or misleading statement exception—imputed knowledge

        (1)         If, in any proceedings arising out of section 9(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.

        (2)         If, in any proceedings arising out of section 9(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.

        (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.