Commonwealth Consolidated Acts

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 104.5

Constitution and replaceable rules complied with

  (1)   A person may assume that the corporation's constitution and any provisions of this Act that apply to the corporation as replaceable rules, have been complied with.

Director or corporation secretary

  (2)   A person may assume that anyone who appears, from information provided by the corporation that is available to the public from the Registrar, to be a director or a corporation secretary of the corporation:

  (a)   has been duly appointed; and

  (b)   has authority to exercise the powers and perform the duties customarily exercised or performed by a director or corporation secretary of a similar Aboriginal and Torres Strait Islander corporation.

Contact person

  (3)   A person may assume that anyone who appears, from information that is available to the public from the Registrar to be the contact person of the corporation, is the contact person.

Officer or agent

  (4)   A person may assume that anyone who is held out by the corporation to be an officer or agent of the corporation:

  (a)   has been duly appointed; and

  (b)   has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of officer or agent of a similar Aboriginal and Torres Strait Islander corporation.

Proper performance of duties

  (5)   A person may assume that the officers and agents of the corporation properly perform their duties to the corporation.

Document duly executed without seal

  (6)   A person may assume that a document has been duly executed by the corporation if the document appears to have been signed in accordance with subsection   99 - 5(1). For the purposes of making the assumption, a person may also assume that anyone who signs the document and states next to his or her signature that he or she is the only director of the corporation is the only director of the corporation.

Document duly executed with seal

  (7)   A person may assume that a document has been duly executed by the corporation if:

  (a)   the corporation's common seal appears to have been fixed to the document in accordance with subsection   99 - 5(2); and

  (b)   the fixing of the common seal appears to have been witnessed in accordance with that subsection.

For the purposes of making the assumption, a person may also assume that anyone who witnesses the fixing of the common seal and states next to his or her signature that he or she is the only director of the corporation is the only director of the corporation.

Officer or agent with authority to warrant that document is genuine or true copy

  (8)   A person may assume that an officer or agent of the corporation who has authority to issue a document or a certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.

  (9)   Without limiting the generality of this section, the assumptions that may be made under this section apply for the purposes of this section.