When those matters cannot be assumed
42 When those matters cannot be assumed
Despite sections 39 and 40, a person is not entitled to assume a matter described in section 41 if —
the person has actual knowledge that the assumption would be incorrect; or
because of the person’s connection or relationship with the Authority, the person ought to know that the assumption would be incorrect.
If, because of subsection (1), a person is not entitled to make a particular assumption in relation to dealings with the Authority, section 39(2) does not apply to any assertion by the Authority in relation to the assumption.
If, because of subsection (1), a person is not entitled to make a particular assumption in relation to an acquisition or purported acquisition from the Authority of title to property, section 40(2) does not apply to any assertion by the Authority or another person in relation to the assumption.
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