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s 828

Validation of certain acts done in good faith

In force
Chapter 12Industrial organisations and associated entities
Part 13Validations
Division 2Validations

828 Validation of certain acts done in good faith

(1)

This section applies to an act done in good faith by an organisation, a collective body or officer of an organisation or a purported collective body or officer of an organisation.

(2)

The act is not invalid only because—

(a)

of an invalidity discovered later in—

(i)

the election or appointment of a collective body or officer of the organisation; or

(ii)

the organisation’s rules; or

(iii)

making, amending or repealing a rule of the organisation; or

(b)

of an absence of quorum or other procedural irregularity; or

(c)

the organisation has a counterpart federal body.

(3)

In this section—

(a)

an act is taken to be done in good faith unless proved otherwise; and

(b)

a person who has purported to be a member of a collective body is taken to have done so in good faith unless proved otherwise; and

(c)

knowledge of facts from which an invalidity arose is not by itself knowledge of the invalidity; and

(d)

an invalidity is taken not to be discovered until known by a majority of the members of the management committee of the organisation.

(4)

This section—

(a)

does not affect the operation of part 7 or an election inquiry under part 8; and

(b)

does not validate an expulsion, suspension, fine or penalty for a member of the organisation if that act would not have been valid had this section not been enacted; and

(c)

applies to an action done—

(i)

before or after this section commences; or

(ii)

concerning an association that became an organisation after the act was done.

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Section 828 — Validation of certain acts done in good faith — Industrial Relations Act 2016 (Queensland) — Barrister AI