FAIR TRADING ACT 2010 - SECT 110

FAIR TRADING ACT 2010 - SECT 110

110 .         State of mind and conduct of body corporate, establishing

        (1)         Where, in a proceeding under this Part or the Australian Consumer Law (WA) in respect of conduct that is engaged in by a body corporate and to which this Part or the Australian Consumer Law (WA) applies, it is necessary to establish the state of mind of the body corporate, it is sufficient to show —

            (a)         that a director, employee or agent of the body corporate engaged in that conduct within the scope of the person’s actual or apparent authority; and

            (b)         that the director, employee or agent had that state of mind.

        (2)         Conduct of the kind set out in paragraph (a) or (b) that is engaged in on behalf of a body corporate is to be treated, for the purposes of this Act, as having been engaged in by the body corporate as well —

            (a)         conduct by a director, employee or agent of the body corporate within the scope of the person’s actual or apparent authority; or

            (b)         conduct by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent.