Commonwealth Consolidated Acts Commonwealth Consolidated ActsConstitution and replaceable rules complied with
(1) A person may assume that the company's constitution (if any), and any provisions of this Act that apply to the company as replaceable rules, have been complied with.
(2) A person may assume that anyone who appears, from information provided by the company that is available to the public from ASIC, to be a director or a company secretary of the company:
(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 company secretary of a similar company.
Officer or agent
(3) A person may assume that anyone who is held out by the company to be an officer or agent of the company:
(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 company.
Proper performance of duties
(4) A person may assume that the officers and agents of the company properly perform their duties to the company.
Document duly executed without seal
(5) A person may assume that a document has been duly executed by the company if the document appears to have been signed in accordance with subsection 127(1). For the purposes of making the assumption, a person may also assume that, if any person who signs the document states next to their signature that:
(a) they are a director of the company--that is the case; or
(b) they are the company secretary of the company--that is the case; or
(c) they are the sole director of the company and that the company does not have a company secretary--that is the case; or
(d) they are the sole director and sole company secretary of the company--that is the case.
Note: For provisions about technology neutral signing, see Division 1 of Part 1.2AA.
Document duly executed with seal
(6) A person may assume that a document has been duly executed by the company if:
(a) the company's common seal appears to have been fixed to the document in accordance with subsection 127(2); and
(b) the fixing of the common seal appears to have been witnessed in accordance with that subsection and subsection 127(2A).
For the purposes of making the assumption, a person may also assume that, if any person who witnesses the fixing of the common seal states next to their signature that:
(c) they are a director of the company--that is the case; or
(d) they are the company secretary of the company--that is the case; or
(e) they are the sole director of the company and that the company does not have a company secretary--that is the case; or
(f) they are the sole director and sole company secretary of the company--that is the case.
Note: For provisions about technology neutral signing, see Division 1 of Part 1.2AA.
Officer or agent with authority to warrant that document is genuine or true copy
(7) A person may assume that an officer or agent of the company 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.
(8) Without limiting the generality of this section, the assumptions that may be made under this section apply for the purposes of this section.