Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 126

Validation of certain acts done in good faith

  (1)   Subject to this section and to section   128, an act done in good faith for the purposes of a proposed or completed withdrawal from amalgamation by:

  (a)   the amalgamated organisation concerned; or

  (b)   the committee of management, or an officer, of that organisation; or

  (c)   the constituent part   concerned; or

  (d)   the committee of management, or an officer, of that part; or

  (e)   the newly registered organisation concerned; or

  (f)   the committee of management, or an officer, of that organisation;

is valid despite any invalidity that may later be discovered in or in connection with the act.

  (2)   For the purposes of this section:

  (a)   an act is treated as done in good faith until the contrary is proved; and

  (b)   a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and

  (c)   an invalidity in the making or altering of the outline of the proposed withdrawal from amalgamation is not to be treated as discovered before the earliest time proved to be a time when the existence of 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

  (d)   knowledge of facts from which an invalidity arises is not of itself treated as knowledge that the invalidity exists.

  (3)   This section applies to an act whenever done (including an act done before the commencement of this section).

  (4)   Nothing in this section affects:

  (a)   the operation of an order of the Federal Court made before the commencement of this section; or

  (b)   the operation of section   108, 118 or 125 or Part   2 of Chapter   11 (validation provisions for organisations).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback