Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Conduct engaged in by a person (other than a CCIV) is taken to have been engaged in also by a CCIV if:
(a) the person is specified in column 1 of an item of the table in subsection (4) in relation to the CCIV; and
(b) the conduct was engaged in on behalf of the CCIV; and
(c) in engaging in the conduct, the person met any conditions specified in column 2 of that item of the table.
Attributing conduct to a person in relation to a CCIV
(2) Conduct engaged in by a person in relation to another person (other than a CCIV) (the counterparty ) is taken to have also been engaged in in relation to a CCIV if:
(a) the counterparty is specified in column 1 of an item of the table in subsection (4) in relation to the CCIV; and
(b) the counterparty was acting on behalf of the CCIV; and
(c) in acting on behalf of the CCIV, the counterparty met any conditions specified in column 2 of that item of the table.
Note: For example, money given to a person specified in column 1 of an item of the table in relation to a CCIV is taken to have been given to the CCIV, if the person was acting on behalf of the CCIV when they received the money.
Attributing state of mind to a CCIV
(3) If, for the purposes of a provision of a law of the Commonwealth, it is necessary to establish a CCIV's state of mind in relation to particular conduct, it is sufficient to show that:
(a) a person specified in column 1 of an item of the table in subsection (4) in relation to the CCIV engaged in the conduct on behalf of the CCIV; and
(b) in engaging in the conduct, the person met any conditions specified in column 2 of that item of the table; and
(c) the person had that state of mind.
Specified persons and applicable conditions
(4) For the purposes of subsections (1), (2) and (3), the table is as follows:
Persons whose conduct and state of mind may be attributed to a CCIV | ||
Item | Column 2 | |
1 | An agent of the CCIV (other than an agent covered by subsection (5))
| the agent was acting within the scope of that agent's actual or apparent authority in relation to the CCIV. |
2 | no specified conditions. | |
3 | An employee, director or agent (an official ) of the corporate director of the CCIV | the official was acting within the scope of the official's actual or apparent authority in relation to the corporate director. |
4 | Any other person acting at the direction, or with the consent or agreement (whether express or implied) of, a person (the first person ) specified in another item of this table in relation to the CCIV | in giving the direction, consent or agreement, the first person meets any conditions specified in this column of the applicable table item. |
(5) For the purposes of item 1 of the table in subsection (4), this subsection covers the following:
(a) an agent who is, or is appointed by, a receiver, or receiver and manager, of property of a sub - fund of the CCIV;
(b) an agent who is, or is appointed by, a liquidator or provisional liquidator of a sub - fund of the CCIV;
(c) an agent who is, or is appointed by, a trustee or other person administering a compromise or arrangement made between the CCIV and someone else.
(6) For the purposes of this section, treat a person as acting on behalf of a CCIV if the person acted on behalf of the corporate director of the CCIV in its capacity as director of the CCIV.
Interpretation
(7) In this section:
"conduct" has the same meaning as it has in section 769B.
"state of mind" has the same meaning as it has in section 769B.