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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 88

Validation of certain acts done in good faith

  (1)   Subject to this section and to section   90, an act done in good faith for the purposes of a proposed or completed amalgamation by:

  (a)   an organisation or association concerned in the amalgamation; or

  (b)   the committee of management of such an organisation or association; or

  (c)   an officer of such an organisation or association;

is valid despite any invalidity that may later be discovered in or in connection with the act.

  (2)   For the purposes of this section:

  (a)   an act is treated as done in good faith until the contrary is proved; and

  (b)   a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and

  (c)   an invalidity in the making or altering of the scheme for the amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of members of the committee of management or to a majority of the persons purporting to act as the committee of management; and

  (d)   knowledge of facts from which an invalidity arises is not of itself treated as knowledge that the invalidity exists.

  (3)   This section applies:

  (a)   to an act whenever done (including an act done before the commencement of this section); and

  (b)   to an act done to or by an association before it became an organisation.

  (4)   Nothing in this section affects:

  (a)   the operation of an order of the Federal Court made before the commencement of this section; or

  (b)   the operation of section   69, 81 or 87 or Part   2 of Chapter   11 (validation provisions for organisations).



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