Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 6
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OFFICERS
PART 6-3
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APPOINTMENT OF SECRETARIES AND CONTACT PERSONS
Division 257
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Appointment of secretaries and contact persons
SECTION 257-40
EFFECTIVENESS OF ACTS BY SECRETARIES
257-40(1)
An act done by a secretary is effective even if his or her appointment, or the continuance of his or her appointment, is invalid because the Aboriginal and Torres Strait Islander corporation or secretary did not comply with the corporation ' s constitution or any provision of this Act.
257-40(2)
Subsection (1) does not deal with the question whether an effective act by a secretary: (a) binds the corporation in its dealings with other people; or (b) makes the corporation liable to another person.
An act done by a secretary is effective even if his or her appointment, or the continuance of his or her appointment, is invalid because the Aboriginal and Torres Strait Islander corporation or secretary did not comply with the corporation ' s constitution or any provision of this Act.
257-40(2)
Subsection (1) does not deal with the question whether an effective act by a secretary: (a) binds the corporation in its dealings with other people; or (b) makes the corporation liable to another person.
Note:
The kinds of acts that this section validates are those that are only legally effective if the person doing them is a secretary (for example, signing and sending out a notice of a meeting of directors if the corporation ' s constitution authorises the secretary to do so or signing a document to be lodged with the Registrar). Division 104 contains rules about the assumptions people are entitled to make when dealing with an Aboriginal and Torres Strait Islander corporation and its officers.
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