Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_88
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 88
Character Range: 131648–133354

88  Validation of certain acts done in good faith

 (1) Subject to this section and to section 90, an act done in good faith for the purposes of a proposed or completed amalgamation by:
 (a) an organisation or association concerned in the amalgamation; or
 (b) the committee of management of such an organisation or association; or
 (c) an officer of such an organisation or association;
is valid despite any invalidity that may later be discovered in or in connection with the act.

 (2) For the purposes of this section:
 (a) an act is treated as done in good faith until the contrary is proved; and
 (b) a person who has purported to be a member of the committee of management, or an officer, is to be treated as having done so in good faith until the contrary is proved; and
 (c) an invalidity in the making or altering of the scheme for the amalgamation 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 members of the committee of management or to a majority of the persons purporting to act as the committee of management; and
 (d) knowledge of facts from which an invalidity arises is not of itself treated as knowledge that the invalidity exists.

 (3) 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 to or by an association before it became an organisation.

 (4) Nothing in this section affects:
 (a) the operation of an order of the Federal Court made before the commencement of this section; or
 (b) the operation of section 69, 81 or 87 or Part 2 of Chapter 11 (validation provisions for organisations).