Victorian Current Acts

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ASSOCIATIONS INCORPORATION REFORM ACT 2012 - SECT 215

Assumptions

    (1)     This section applies if a person has dealings with an incorporated association or with anyone who has acquired rights from the incorporated association.

    (2)     The person may assume, in relation to those dealings, that—

        (a)     the rules of the association have been complied with; and

        (b)     the person whose name was last notified to the Registrar as the secretary or the public officer of the association is the secretary of the association.

    (3)     In any proceeding—

        (a)         the association; or

        (b)     a guarantor of an obligation of the association; or

        (c)     anyone acquiring rights from the association—

may not assert against the person that an assumption referred to in subsection (2) is incorrect.

    (4)     Subsection (3) does not apply if the person—

        (a)     has actual knowledge of the matter asserted; or

        (b)     ought to have knowledge of the matter asserted by reason of the person's connection or relationship with the association.



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