New South Wales Consolidated Regulations

COMMUNITY LAND MANAGEMENT REGULATION 2018 - REG 24

24 Alternative to affixing seal of association--the Act, s 122A(1)(c)

(1) An instrument may, as an alternative to being affixed with the seal of an association in the presence of the persons referred to in the Act, section 8, be signed by those persons (each of whom is, in that capacity, a
"signatory" ) in the presence of those persons (each of whom is, in that capacity, a
"witness" ).

(2) The instrument must indicate the following--

(a) the date on which it is signed and the signatures are witnessed,

(b) the name of each signatory and witness,

(c) the relationship of each signatory and witness to the association,

Example--: The secretary of the association, the managing agent of the association or a relevant officer of the managing agent, a member of the executive committee of the association, or a member of the association.

(d) if a signatory or witness is the managing agent of the association, or a relevant officer of a managing agent that is a corporation--the number of the managing agent's licence under the Property and Stock Agents Act 2002 .

(3) A reference in the Act, section 8(6) and (7), to affixing the seal of an association to an instrument is taken to include a reference to signing, and witnessing the signature of, the instrument in accordance with this clause.

(4) For the purposes of this clause--

(a) the presence of a signatory or witness is taken to be satisfied if the signatory or witness is present by audio visual link, and

(b) a signature is not required to be witnessed if it is the signature of--

(i) a managing agent, or a relevant officer of a managing agent that is a corporation, or

(ii) if the association has only 1 member--the member.

(5) In this clause--

"audio visual link" means technology that enables continuous and contemporaneous audio and visual communication between persons at different places, including video conferencing.

"relevant officer" of a managing agent that is a corporation means--

(a) the president, chairperson or other principal officer of the corporation, or

(b) a member of staff of the corporation authorised by the president, chairperson or other principal officer to affix the seal of the association to an instrument, or to attest the fact and date of the affixing of the seal.