Queensland Consolidated Acts

GAS SUPPLY ACT 2003 - SECT 270Z

(1) This section applies to a proceeding under this division.

(2) If—

(a) the proceeding concerns alleged conduct engaged in by a distributor or retailer to which an industry code applies; and

(b) it is necessary to prove the distributor or retailer's state of mind;

it is enough to prove that a director, servant or agent (a representative) of the distributor or retailer, acting within the scope of the representative's actual or apparent authority, had the state of mind.

(3) Conduct engaged in for a distributor or retailer by the following persons is taken to have been engaged in by the distributor or retailer—

(a) a representative of the distributor or retailer, acting within the scope of the representative's actual or apparent authority;

(b) another person at the direction, or with the consent or agreement, of a representative of the distributor or retailer, if the giving of the direction, consent or agreement was within the scope of the representative's actual or apparent authority.

(4) Conduct engaged in for a distributor or retailer (the principal) by the following persons is taken to have been engaged in by the principal—

(a) a servant or agent of the principal, acting within the scope of the servant's or agent's actual or apparent authority;

(b) another person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant's or agent's actual or apparent authority.

(5) In this section—

consent or agreement includes an implied consent or agreement.

state of mind, of a person, may include—

(a) knowledge, intention, opinion, belief or purpose of the person; and

(b) the person's reasons for the person's intention, opinion, belief or purpose.