45Assumptions

45 Assumptions

45 Assumptions

(cf Corporations Act s 129)

(1) A person may assume that the rules of a co-operative have been complied with.

(2) A person may assume that anyone who appears, from information provided by the co-operative that is available to the public from the Registrar, to be a director or secretary of the co-operative—

(a) has been duly appointed; and

(b) has authority to exercise the powers and perform the duties customarily exercised or performed by a director or secretary of a similar co-operative.

(3) A person may assume that anyone who is held out by the co-operative to be an officer or agent of the co-operative—

(a) has been duly appointed; and

(b) has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of officer or agent of a similar co-operative.

(4) A person may assume that the officers and agents of the co-operative properly perform their duties to the co-operative.

(5) A person may assume that a document has been properly executed by the co-operative if it is signed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or secretary of the co-operative.

(6) A person may assume that a document has been sealed by the co-operative if it bears what appears to be an impression of the co-operative’s common seal and the sealing of the document appears to be witnessed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or secretary of the co-operative.

(7) A person may assume that anyone who is, or may be assumed to be, an officer or agent of the co-operative who has authority to issue a document or a certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.