Effect of ratification by members
289 Effect of ratification by members
If the members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the ratification or approval:
does not prevent the commencement of proceedings for a contravention of the section; and
does not have the effect that proceedings brought for a contravention of the section must be determined in favour of the defendant.
If members of an organisation ratify or approve a contravention of section 285, 286, 287 or 288, the Federal Court may take the ratification or approval into account in deciding what order or orders to make under section 306, 307 or 308 in proceedings brought for a contravention of the section. In doing this, it must have regard to:
how well‑informed about the conduct the members were when deciding whether to ratify or approve the contravention; and
whether the members who ratified or approved the contravention were acting for proper purposes.
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