sec.70JReliance on information or advice

### sec.70J Reliance on information or advice This section applies if the reasonableness of the reliance of an officer of an incorporated association on information or advice given to the officer arises in a proceeding brought to decide whether the officer has performed a duty under this Act or an equivalent duty at common law or in equity. Unless the contrary is proved, the officer’s reliance on the information or advice is taken to be reasonable if— the information or advice was given or prepared by— an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or another officer of the association in relation to matters within the other officer’s authority; or a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and the reliance was made— in good faith; and after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association. s 70J ins 2020 No. 17 s 31 (sec.70J-ssec.1) This section applies if the reasonableness of the reliance of an officer of an incorporated association on information or advice given to the officer arises in a proceeding brought to decide whether the officer has performed a duty under this Act or an equivalent duty at common law or in equity. (sec.70J-ssec.2) Unless the contrary is proved, the officer’s reliance on the information or advice is taken to be reasonable if— the information or advice was given or prepared by— an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or another officer of the association in relation to matters within the other officer’s authority; or a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and the reliance was made— in good faith; and after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association. - (a) the information or advice was given or prepared by— (i) an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or (ii) a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or (iii) another officer of the association in relation to matters within the other officer’s authority; or (iv) a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and - (i) an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or - (ii) a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or - (iii) another officer of the association in relation to matters within the other officer’s authority; or - (iv) a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and - (b) the reliance was made— (i) in good faith; and (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association. - (i) in good faith; and - (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association. - (i) an employee of the association whom the officer reasonably believed to be reliable and competent in relation to the matters concerned; or - (ii) a professional advisor or expert in relation to the matters that the officer reasonably believed to be within that person’s professional or expert competence; or - (iii) another officer of the association in relation to matters within the other officer’s authority; or - (iv) a sub-committee of the association of which the officer was not a member in relation to matters within the sub-committee’s authority; and - (i) in good faith; and - (ii) after making an independent assessment of the information or advice, having regard to the officer’s knowledge of the association and the complexity of the structure of the association.