Victorian Consolidated Legislation

Year 2000 Information Disclosure Act 1999 - SECT 11

False or misleading statement exception-imputed knowledge

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.

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