Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 95

Actions of building associations

             (1)  For the purposes of this Act, each of the following is taken to be action of a building association:

                     (a)  action taken by the committee of management of the building association;

                     (b)  action taken by an officer or agent of the building association acting in that capacity;

                     (c)  action taken by a member, or group of members, of the building association if the action is authorised by:

                              (i)  the rules of the association; or

                             (ii)  the committee of management of the association; or

                            (iii)  an officer or agent of the association acting in that capacity;

                     (d)  action taken by a member of the building association who performs the function of dealing with an employer on behalf of the member and other members of the association, acting in that capacity;

                     (e)  if the building association is an unincorporated building association that does not have a committee of management--action taken by a member, or group of members, of the association.

             (2)  Paragraphs (1)(c) and (d) do not apply if:

                     (a)  the committee of management of the building association; or

                     (b)  a person authorised by the committee; or

                     (c)  an officer of the building association;

has taken all reasonable steps to prevent the action.

             (3)  If, for the purposes of this Act, it is necessary to establish the state of mind of a building association in relation to particular action, it is enough to show:

                     (a)  that the action was taken by a person, or a group, referred to in any of paragraphs (1)(a) to (e); and

                     (b)  that the person, or a person in the group, had that state of mind.

             (4)  Subsections (1) to (3) have effect despite subsections 94(1) and (2) (liabilities of bodies corporate).



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