Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1027

1027. (1) In this section:

"notice" means a notice within the meaning of section 1025;

"report" means a report within the meaning of section 1026.

(2) A person who publishes a notice or report relating to a body corporate or
proposed body corporate after receiving a certificate that:

   (a)  specifies the names of 2 directors of the body or 2 proposed directors
        of the proposed body and is signed by those directors or proposed
        directors; and

   (b)  is to the effect that, because of subsection 1025 (2) or 1026 (2),
        subsection 1025 (3) or 1026 (3), as the case may be, does not apply to
        the notice or report; does not contravene subsection 1025 (3) or 1026
        (3), as the case may be.

(3) Where a notice or report to which a certificate under subsection (2)
relates is published, each director or proposed director who signed that
certificate shall, for the purposes of sections 1025 and 1026, be deemed to
have published the notice or report.

(4) A person who publishes a notice or report to which a certificate under
subsection (2) relates shall, if the Commission requires the person to do so,
deliver the certificate to the Commission as soon as practicable.

(5) In proceedings for a contravention of section 1025 or 1026 a certificate
relating to a notice or report that purports to be a certificate under this
section is prima facie evidence that:

   (a)  when the certificate was issued, the persons named in the certificate
        as directors of the body corporate or proposed directors of the
        proposed body corporate, as the case may be, were the directors or
        proposed directors;

   (b)  the signatures in the certificate purporting to be the signatures of
        the directors or proposed directors, as the case may be, are those
        signatures; and

   (c)  the publication of the notice was authorised by those directors or
        proposed directors, as the case may be.

(6) Nothing in section 1025 or 1026 or this section limits or diminishes the
liability that a person may incur, otherwise than under section 1025 or 1026
or this section, under any rule of law or under any other enactment.