Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p31
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 75244–77893

reason only that the doing of the act is prohibited by sub-section (2).
"(6) The fact that—
     (a) the doing of an act by a company was or would be prohibited by sub-section (1) or by the memorandum or articles of the company; or
     (b) the doing of an act by an officer of a company was or would be prohibited by sub-section (2),

may be asserted or relied on only in—
     (c) a prosecution of a person for an offence against this Act;
     (d) an application for an order under section 227a;
     (e) an application for an order under section 320;
     (f) an application for an injunction under section 574;
     (g) proceedings by the company, or by a member of the company, against the present or former officers of the company; or
     (h) an application by the Commission or by a member of the company for the winding up of the company.

Persons having dealings with companies, &c.
"68a. (1) A person having dealings with a company is, subject to sub-section (4), entitled to make, in relation to those dealings, the assumptions referred to in sub-section (3) and, in any proceedings in relation to those dealings, any assertion by the company that the matters that the person is so entitled to assume were not correct shall be disregarded.
"(2) A person having dealings with a person who has acquired or purports to have acquired title to property from a company (whether directly or indirectly) is, subject to sub-section (5), entitled to make, in relation to the acquisition or purported acquisition of title from the company, the assumptions referred to in sub-section (3) and, in any proceedings in relation to those dealings, any assertion by the company or by the second-mentioned person that the matters that the first-mentioned person is so entitled to assume were not correct shall be disregarded.
"(3) The assumptions that a person is, by virtue of sub-section (1) or (2), entitled to make in relation to dealings with a company, or in relation to an acquisition or purported acquisition from a company of title to property, as the case may be, are—
     (a) that, at all relevant times, the memorandum and articles of the company have been complied with;
     (b) that a person who appears, from returns lodged with the Commission under section 238 or with the Registrar of Companies under the corresponding provision of a previous law of the Territory, to be a director, the principal executive officer or a secretary of the company has been duly appointed and has authority to exercise the powers and perform the duties customarily exercised or performed by a director, by the principal executive officer or by a secretary,