Victorian Consolidated Legislation

Crimes Act 1958 - SECT 175

Definitions6

175. Definitions6



(1) For the purposes of this subdivision-

advice given and words to the like effect include every report certificate
statement and suggestion intended to influence the person to whom the same may
be made or given and every influence exercised by one person over another;

agent includes any corporation or other person acting or having been acting or
desirous or intending to act for or on behalf of any corporation or other
person whether as agent partner co-owner clerk servant employee banker broker
auctioneer architect clerk of works engineer legal practitioner surveyor buyer
salesman foreman trustee executor administrator liquidator trustee within the
meaning of any Act relating to bankruptcy receiver director manager or other
officer or member of committee or governing body of any corporation club
partnership or association or in any other capacity either alone or jointly
with any other person and whether in his own name or in the name of his
principal or otherwise and a person serving under the Crown;

contract includes contract of sale or of employment or any other contract
whatever;

in relation to his principal's affairs or business implies the additional
words "whether within the scope of his authority or course of his employment
as agent or not";

person having business relations with the principal includes every corporation
or other person whether as principal or agent carrying on or having carried on
or desirous or intending to carry on any negotiation or business with or
engaged or having been engaged or desirous or intending to be engaged in the
performance of any contract with or in the execution of any work or business
for or in the supply of any goods or chattels to any principal and also
includes any agent of such corporation or other person;

principal includes a corporation or other person for or on behalf of whom the
agent acts has acted or is desirous or intending to act;

solicit any valuable consideration and valuable consideration solicited and
words to the like effect shall be construed with the following directions,
namely:-That every agent who diverts obstructs or interferes with the proper
course of business or manufacture or impedes or obstructs or fails to use due
diligence in the prosecution of any negotiation or business with the intent to
obtain the gift of any valuable consideration from any person interested in
the said negotiation or business or with intent to injure any such person
shall be deemed to have solicited a valuable consideration from a person
having business relations with the principal of such agent;

trustee includes trustee executor administrator liquidator trustee within the
meaning of any Act relating to bankruptcy receiver director administrator or
guardian under the Guardianship and Administration Act 1986 or person having
power to appoint a trustee or person entitled to obtain probate of the will or
letters of administration to the estate of a deceased person;

valuable consideration includes any money loan office place employment
agreement to give employment benefit or advantage whatsoever and any
commission or rebate deduction or percentage bonus or discount or any
forbearance to demand any money or money's worth or valuable thing and the
acceptance of any of the said things shall be deemed the receipt of a valuable
consideration;

valuable consideration when used in connexion with the offer thereof includes
any offer of any agreement or promise to give and every holding out of any
expectation of valuable consideration;

valuable consideration when used in connexion with the receipt thereof
includes any acceptance of any agreement promise or offer to give and of any
holding out of any expectation of valuable consideration.

(2) Any act or thing prohibited by this subdivision is prohibited whether done
directly or indirectly by the person mentioned or by or through any other
person.