South Australian Current Acts

FAIR WORK ACT 1994 - SECT 236

236—Conduct by officers etc of body corporate

        (1)         If it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

            (a)         that an officer, director, employee or agent of the body corporate engaged in the conduct within the scope of his or her actual or apparent authority; and

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

        (2)         Any conduct in which—

            (a)         an officer, director, employee or agent of the body corporate engages within the scope of his or her actual or apparent authority; or

            (b)         another person engages at the direction or with the consent or agreement (express or implied) of an officer, director, employee or agent of the body corporate, who gives the direction, consent or agreement within the scope of the actual or apparent authority,

is, for the purposes of this Act, conduct of the body corporate.

        (3)         A reference in this section to the state of mind of a person extends to the knowledge, intent, opinion, belief or purpose of the person and the person's reasons for the intent, opinion, belief or purpose.