Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_319:p2
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 319 (pt 2/2)
Character Range: 390778–392735

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 any member of such a collective body; or
 (ii) the election or appointment of the persons or any of the persons purporting to act as a collective body of a branch; or
 (iii) the election or appointment of a person holding or purporting to hold an office or position in a branch; or
 (iv) the making or alteration of a rule of a branch;
  is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the branch or to a majority of the persons purporting to act as the committee of management; and
 (e) an invalidity in any other election or appointment or in the making or alteration of a rule to which this section applies is not to be treated as discovered before the earliest time proved to be a time when the existence of the invalidity was known to a majority of the members of the committee of management of the organisation or to a majority of the persons purporting to act as that committee of management.

Actions to which this section applies

 (5) This section applies:
 (a) to an act whenever done (including an act done before the commencement of this section); and
 (b) to an act done in relation to an association before it became an organisation.

Certain invalid actions not validated by this section

 (6) Nothing in this section validates the expulsion or suspension of, or the imposition of a fine or any other penalty on, a member of an organisation that would not have been valid if this section had not been enacted.

Relationship between this section and Part 3 of Chapter 7

 (7) Nothing in this section affects the operation of Part 3 of Chapter 7 (Inquiries into elections).