Victorian Current Acts

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CRIMES ACT 1958 - SECT 175

Definitions[5]

    (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;

S. 175(1)
def. of
agent amended by Nos 74/2000 s. 3(Sch. 1 item 30.1), 18/2005 s. 18(Sch. 1 item 27.2).

"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;

S. 175(1)
def. of
trustee amended by Nos 25/1989 s. 20(c), 52/1998
s. 311(Sch. 1 item 17), 57/2014 s. 149.

"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 attorney under an enduring power of attorney under the Powers of Attorney Act 2014 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.

No. 6103 s. 176.



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