Validation of certain acts done in good faith
88 Validation of certain acts done in good faith
Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:
an organisation or association concerned in the amalgamation; or
the committee of management of such an organisation or association; or
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.
For the purposes of this section:
an act is treated as done in good faith until the contrary is proved; and
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
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
knowledge of facts from which an invalidity arises is not of itself treated as knowledge that the invalidity exists.
This section applies:
to an act whenever done (including an act done before the commencement of this section); and
to an act done to or by an association before it became an organisation.
Nothing in this section affects:
the operation of an order of the Federal Court made before the commencement of this section; or
the operation of section 69, 81 or 87 or Part 2 of Chapter 11 (validation provisions for organisations).
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