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Contents (2009 - 7)
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Associations Incorporation Act 2009 No 7
Current version for 7 July 2017 to date (accessed 18 October 2017 at 14:53)
Part 3 Division 2
Division 2 Assumptions people dealing with associations are entitled to make
23   Entitlement to make assumptions
(cf Corporations Act 2001 of the Commonwealth, section 128)
(1)  A person is entitled to make the assumptions in section 24 in relation to dealings with an association, and the association is not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect.
(2)  A person is entitled to make the assumptions in section 24 in relation to dealings with another person who has, or purports to have, directly or indirectly acquired property from an association, and the association and the other person are not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect.
(3)  The assumptions may be made even if anyone purporting to act on behalf of the association acts fraudulently, or forges a document, in connection with the dealings.
(4)  A person is not entitled to make an assumption in section 24 if at the time of the dealings they knew or suspected that the assumption was incorrect.
24   Assumptions that may be made
(cf Corporations Act 2001 of the Commonwealth, section 129)
(1)  A person may assume that the association’s constitution has been complied with.
(2)  A person may assume that anyone who appears, from information provided by the association that is available to the public from the Register of Incorporated Associations, to be the association’s public officer:
(a)  has been duly appointed, and
(b)  has authority to exercise the functions customarily exercised by the public officer of a similar association.
(3)  A person may assume that anyone who appears, from information provided by the association, to be a committee member of the association:
(a)  has been duly appointed, and
(b)  has authority to exercise the functions customarily exercised by a committee member of a similar association.
(4)  A person may assume that anyone who is held out by the association to be an agent of the association:
(a)  has been duly appointed, and
(b)  has authority to exercise the functions customarily exercised or performed by an agent of a similar association.
(5)  A person may assume that persons acting on behalf of the association properly perform their duties to the association.
(6)  A person may assume that a document has been duly executed by the association if the document appears to have been signed in accordance with section 22 (1).
(7)  A person may assume that a document has been duly executed by the association if:
(a)  the association’s common seal appears to have been fixed to the document in accordance with section 22 (2), and
(b)  the fixing of the common seal appears to have been witnessed in accordance with that subsection.
(8)  A person may assume that anyone who has, or may be assumed to have, the authority to issue a document or a certified copy of a document on behalf of the association also has authority to warrant that the document is genuine or is a true copy.
(9)  Without limiting the generality of this section, the assumptions that may be made under this section apply for the purposes of this section.