Validation of certain acts done in good faith
25 Validation of certain acts done in good faith
An act done in good faith for a proposed or completed withdrawal from the CFMEU NSW by the following is valid despite an invalidity that may later be discovered in, or in connection with, the act—
the CFMEU NSW or a branch or division of the CFMEU NSW,
the committee of management, or an officer, of the CFMEU NSW or a branch or division of the CFMEU NSW,
a new State organisation or a separately identifiable part of a new State organisation,
the committee of management, or an officer, of the new State organisation or a separately identifiable part of the new State organisation.
For this clause—
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 treated as having done so in good faith until the contrary is proved, and
an invalidity in the making or altering of the proposed withdrawal from the CFMEU NSW must not be treated as discovered before the earliest time proved to be a time when 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 itself treated as knowledge that the invalidity exists.
This clause applies to an act whenever done, including an act done before the commencement of this clause.
This clause is subject to clause 27.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.