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ASSOCIATIONS INCORPORATION ACT 1991 - SECT 117 Constructive notice of documents etc

ASSOCIATIONS INCORPORATION ACT 1991 - SECT 117

Constructive notice of documents etc

    (1)     A person is not taken to have knowledge of—

        (a)     the statement of the objects or the rules, or any of the content of that statement or the rules, of an association; or

        (b)     a document or the content of a document relating to an association; or

        (c)     any particulars relating to an association;

only because—

        (d)     the statement, the rules, the document or a statement or notice of the particulars has been lodged with the registrar-general; or

        (e)     the statement, the rules, the document or a statement or notice of the particulars is referred to in another document lodged with the registrar-general.

    (2)     In any proceedings to which an incorporated association or a guarantor of an obligation of an incorporated association and a person dealing with the association or a person who has acquired rights from the association are parties, the association or the guarantor is not entitled to adduce evidence that—

        (a)     the rules of the association have not been complied with; or

        (b)     the most recently appointed public officer of the association of whose appointment the registrar-general was notified is not the public officer of the association;

unless the person—

        (c)     had actual knowledge of that fact at the relevant time; or

        (d)     ought to have had knowledge of that fact at the relevant time because of the person's connection or relationship with the association.