Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p33
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 79942–82516

to the assumption.

"(5) Notwithstanding sub-section (2), a person is not entitled to make an assumption referred to in sub-section (3) in relation to an acquisition or purported acquisition from a company of title to property if—
     (a) he has actual knowledge that the matter that, but for this sub-section, he would be entitled to assume is not correct; or
     (b) his connection or relationship with the company is such that he ought to know that the matter that, but for this sub-section, he would be entitled to assume is not correct,
and where, by virtue of this sub-section, a person is not entitled to make a particular assumption in relation to dealings with a company, sub-section (2) has no effect in relation to any assertion by the company or by any other person in relation to the assumption.

Certain assumptions not to be made
"68b. A person is not entitled to make the assumption, in relation to a particular matter—
     (a) that any one or more of the directors of a company has or have been appointed to act in that matter as a committee of the board of directors of the company, by reason only that the memorandum or articles of the company provides or provide that authority to act in matters of that kind may be delegated to a committee of the board of directors; or
     (b) that an officer or agent of a company has the company's authority to act in that matter, by reason only that the memorandum or articles of the company provides or provide that authority to act in matters of that kind may be delegated to such an officer or agent.

Lodgment of documents, &c., with Commission not to constitute constructive notice
"68c. (1) Subject to sub-section (2), a person shall not be taken to have knowledge of—
     (a) the memorandum or articles of a company or any of the contents of the memorandum or articles of a company;
     (b) a document or the contents of a document; or
     (c) any particulars,
by reason only—
     (d) that the memorandum, the articles, the document or the particulars has or have been lodged with the Commission or with the Registrar of Companies; or
     (e) that the memorandum, the articles, the document or the particulars is or are referred to in any other document that has been lodged with the Commission or with the Registrar of Companies.
"(2) Sub-section (1) does not apply in relation to a document, or in relation to the contents of a document, that has been lodged with the Commission under Division 9 of Part IV or with the Registrar of Companies under the corresponding provisions of a previous law of