Australian Capital Territory Consolidated Acts

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DISCRIMINATION ACT 1991 - SECT 121A

Acts and omissions of representatives

    (1)     This section applies to doing an act ( conduct ) that is unlawful under 1 or more of the following provisions:

        (a)     part 3 (Unlawful discrimination);

        (b)     part 5 (Sexual harassment);

        (c)     section 66 (Unlawful vilification––race, sexuality etc);

        (d)     part 7 (Other unlawful acts).

Note 1     Complaints about these matters may be made under the HRC Act (see HRC Act, s 42 (1) (c)).

Note 2     Doing an act––see s 4A.

    (2)     Conduct engaged in on behalf of a person by a representative of the person is taken to have been engaged in by the person if the conduct was within the scope of the representative's actual or apparent authority.

    (3)     However, subsection (2) does not apply if the person establishes that the person took all reasonable steps to prevent the representative from engaging in the conduct.

    (4)     In this section:

"representative", of a person, means an employee or agent of the person.



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