Tasmanian Numbered Acts

COOPERATIVES ACT 1999 (NO. 85 OF 1999) - SECT 42

42. Assumptions

      (1) A person may assume that the cooperative's rules have been complied with.

      (2) A person may assume that anyone who appears, from information provided by the cooperative that is available to the public from the Commissioner, to be a director or officer of the cooperative –

(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 officer of a similar cooperative.

      (3) A person may assume that anyone who is held out by the cooperative to be an officer or agent of the cooperative –

(a) has been duly appointed; and

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

      (4) A person may assume that anyone who is, or may be assumed to be, an officer or agent of the cooperative 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.

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

      (6) A person may assume that a document has been duly sealed by the cooperative if it bears what appears to be an impression of the cooperative's 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 cooperative and the other a director or officer of the cooperative.

      (7) A person may assume that the officers and agents of the cooperative properly perform their duties to the cooperative.