sec.28Persons having dealings with incorporated church entities etc.

### sec.28 Persons having dealings with incorporated church entities etc. A person having dealings with an incorporated church entity is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity that the matters that the person is entitled to assume were not correct must be disregarded. A person having dealings with a person who has acquired, or purports to have acquired, title to property from an incorporated church entity (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity or the second person that the matters the first person is entitled to assume were not correct must be disregarded. The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act, the entity’s constituent documents and canon law have been complied with; and that a person who is held out by the entity to be an officer or agent of the entity has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the entity who has authority to issue a document for the entity has authority to warrant that the document is genuine and that an officer or agent of the entity who has authority to issue a certified copy of a document for the entity has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the entity if— it bears what appears to be an imprint of the entity’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and that the entity’s officers and agents have properly performed their duties to the entity. However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the entity, the person ought to know that the assumption would be incorrect. If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is about dealings with the entity— subsection (1) does not apply to an assertion by the entity about the assumption; and if the assumption is about dealings about an acquisition or purported acquisition from the entity of title to property— subsection (2) does not apply to an assertion by the entity or someone else about the assumption. s 28 amd 1999 No. 63 s 78 sch 2 (sec.28-ssec.1) A person having dealings with an incorporated church entity is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity that the matters that the person is entitled to assume were not correct must be disregarded. (sec.28-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from an incorporated church entity (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity or the second person that the matters the first person is entitled to assume were not correct must be disregarded. (sec.28-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act, the entity’s constituent documents and canon law have been complied with; and that a person who is held out by the entity to be an officer or agent of the entity has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the entity who has authority to issue a document for the entity has authority to warrant that the document is genuine and that an officer or agent of the entity who has authority to issue a certified copy of a document for the entity has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the entity if— it bears what appears to be an imprint of the entity’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and that the entity’s officers and agents have properly performed their duties to the entity. (sec.28-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the entity, the person ought to know that the assumption would be incorrect. (sec.28-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is about dealings with the entity— subsection (1) does not apply to an assertion by the entity about the assumption; and if the assumption is about dealings about an acquisition or purported acquisition from the entity of title to property— subsection (2) does not apply to an assertion by the entity or someone else about the assumption. - (a) that, at all relevant times, this Act, the entity’s constituent documents and canon law have been complied with; and - (b) that a person who is held out by the entity to be an officer or agent of the entity has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and - (c) that an officer or agent of the entity who has authority to issue a document for the entity has authority to warrant that the document is genuine and that an officer or agent of the entity who has authority to issue a certified copy of a document for the entity has authority to warrant that the copy is a true copy; and - (d) that a document has been properly sealed by the entity if— (i) it bears what appears to be an imprint of the entity’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and - (i) it bears what appears to be an imprint of the entity’s seal; and - (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and - (e) that the entity’s officers and agents have properly performed their duties to the entity. - (i) it bears what appears to be an imprint of the entity’s seal; and - (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and - (a) the person has actual knowledge that the assumption would be incorrect; or - (b) because of the person’s connection or relationship with the entity, the person ought to know that the assumption would be incorrect. - (a) if the assumption is about dealings with the entity— subsection (1) does not apply to an assertion by the entity about the assumption; and - (b) if the assumption is about dealings about an acquisition or purported acquisition from the entity of title to property— subsection (2) does not apply to an assertion by the entity or someone else about the assumption.