Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_319:p1
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 319 (pt 1/2)
Character Range: 388573–391002

319  Validation of certain acts done in good faith

Acts relating to elections, appointments, organisation's rules

 (1) Subject to this section and section 321, all acts done in good faith by a collective body of an organisation or branch of an organisation, or by persons purporting to act as such a collective body, are valid in spite of any invalidity that may later be discovered in:
 (a) the election or appointment of the collective body, any member of the collective body or the persons or any of the persons purporting to act as the collective body; or
 (b) the making or alteration of a rule of the organisation or branch.

Acts done by person holding or purporting to hold office

 (2) Subject to this section and section 321, all acts done in good faith by a person holding or purporting to hold an office or position in an organisation or branch are valid in spite of any invalidity that may later be discovered in:
 (a) the election or appointment of the person; or
 (b) the making or alteration of a rule of the organisation or branch.

Meaning of purporting to be member or office holder

 (3) For the purposes of this section:
 (a) a person is not to be treated as purporting to act as a member of a collective body of an organisation or as the holder of an office or position in an organisation unless the person has, in good faith, purported to be, and has been treated by officers or members of the organisation as being, such a member or the holder of the office or position; and
 (b) a person is not to be treated as purporting to act as a member of a collective body of a branch of an organisation or as the holder of an office or position in the branch unless the person has, in good faith, purported to be, and has been treated by officers or members of the branch as being, such a member or the holder of the office or position.

Meaning of good faith

 (4) For the purposes of this section:
 (a) an act is to be treated as done in good faith until the contrary is proved; and
 (b) a person who has purported to be a member of a collective body of an organisation or branch is to be treated as having done so in good faith until the contrary is proved; and
 (c) knowledge of facts from which an invalidity arises is not of itself to be treated as knowledge that the invalidity exists; and
 (d) an invalidity in:
 (i) the election or appointment of a collective body of a branch of an organisation or