Tasmanian Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 11

      (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 –

(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 –

(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.