42References to purported entry into contracts etc—div 3.6

42 References to purported entry into contracts etc—div 3.6 (1) For this division, a nonexistent incorporated association purports to enter into a contract if— (a) a person executes a contract in the name of an incorporated association where no incorporated association of that name exists; or (b) a person purports to enter into a contract as agent or trustee for a proposed incorporated association. (2) For this division, a person purports to execute a contract as agent or trustee of a nonexistent incorporated association if the person executes a contract or purports to enter into a contract mentioned in subsection (1) (a) or (b). (3) For this division, the incorporation of an association in relation to the purported entry into a contract by a nonexistent incorporated association means— (a) if a person has executed a contract in the name of an incorporated association where no incorporated association of that name exists—the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association in the name of which the contract was executed; or (b) if a person has purported to enter into a contract as an agent or trustee for a proposed incorporated association—the incorporation of an association that, having regard to all the circumstances, is reasonably identifiable with the proposed incorporated association.