Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p5
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 5/175)
Character Range: 183997–186778

(2) An Aboriginal and Torres Strait Islander corporation with a common seal may execute a document if the seal is fixed to the document and the fixing of the seal is witnessed by:
 (a) 2 directors of the corporation; or
 (b) a director and a corporation secretary of the corporation; or
 (c) for an Aboriginal and Torres Strait Islander corporation that has only 1 director—that director.
Note: If an Aboriginal and Torres Strait Islander corporation executes a document in this way, people will be able to rely on the assumptions in subsection 104‑5(7) for dealings in relation to the corporation.
 (3) An Aboriginal and Torres Strait Islander corporation may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection (1) or (2).
 (4) This section does not limit the ways in which an Aboriginal and Torres Strait Islander corporation may execute a document (including a deed).

Part 3‑6—Assumptions people dealing with Aboriginal and Torres Strait Islander corporations are entitled to make

Division 104—Assumptions people dealing with Aboriginal and Torres Strait Islander corporations are entitled to make

104‑1  Entitlement to make assumptions
 (1) A person is entitled to make the assumptions in section 104‑5 in relation to dealings with an Aboriginal and Torres Strait Islander corporation. The corporation is not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect.
 (2) A person is entitled to make the assumptions in section 104‑5 in relation to dealings with another person who has, or purports to have, directly or indirectly acquired title to property from an Aboriginal and Torres Strait Islander corporation. The corporation and the other person are not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect.
 (3) The assumptions may be made even if an officer or agent of the corporation acts fraudulently, or forges a document, in connection with the dealings.
 (4) A person is not entitled to make an assumption in section 104‑5 if at the time of the dealings the person knew or suspected that the assumption was incorrect.

104‑5  Assumptions that can be made under section 104‑1

Constitution and replaceable rules complied with
 (1) A person may assume that the corporation's constitution and any provisions of this Act that apply to the corporation as replaceable rules, have been complied with.

Director or corporation secretary
 (2) A person may assume that anyone who appears, from information provided by the corporation that is available to the public from the Registrar, to be a director or a corporation secretary of the corporation:
 (a) has been duly appointed; and
 (b) has