Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 180.35

  (1)   This section applies if:

  (a)   an amount is payable under section   180 - 5 , 180 - 20 or 1 80 - 30 by 2 or more entities (the jointly liable entities ); and

  (b)   one of the jointly liable entities (the paying entity ) pays that amount; and

  ( c )   the paying entity is not the company that is an unincorporated association or body of persons, the trust, or the company that is a body corporate , mentioned in that section (the primary entity ) .

  (2)   The paying entity has the same rights (whether by way of indemnity, subrogation, contribution or otherwise) against anyone else as if:

  (a)   the paying entity made the payment under a guarantee of the liability of the primary entity to pay the amount; and

  (b)   under the guarantee:

  (i)   the paying entity; and

  (ii)   every other entity (other than the primary entity) that is or was liable to pay that amount under that section;

    were jointly and severally liable as guarantors.