sec.306Effect of being unaware of variation or cancellation of authority

### sec.306 Effect of being unaware of variation or cancellation of authority If an authority to acquire or use an assumed identity has been varied in a way that limits its scope, this part continues to apply to the authorised person to whom the authority relates as if it had not been varied in that way, for as long as the person— is unaware of the variation; and is not reckless about the existence of the variation. If an authority to acquire or use an assumed identity has been cancelled, this part continues to apply to the authorised person to whom the authority related as if it had not been cancelled, for as long as the person— is unaware of the cancellation; and is not reckless about the existence of the cancellation. For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation. s 306 ins 2005 No. 45 s 12 (sec.306-ssec.1) If an authority to acquire or use an assumed identity has been varied in a way that limits its scope, this part continues to apply to the authorised person to whom the authority relates as if it had not been varied in that way, for as long as the person— is unaware of the variation; and is not reckless about the existence of the variation. (sec.306-ssec.2) If an authority to acquire or use an assumed identity has been cancelled, this part continues to apply to the authorised person to whom the authority related as if it had not been cancelled, for as long as the person— is unaware of the cancellation; and is not reckless about the existence of the cancellation. (sec.306-ssec.3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation. - (a) is unaware of the variation; and - (b) is not reckless about the existence of the variation. - (a) is unaware of the cancellation; and - (b) is not reckless about the existence of the cancellation. - (a) the person is aware of a substantial risk that the variation or cancellation has happened; and - (b) having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.