Western Australian Consolidated Acts

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ELECTRICITY CORPORATIONS ACT 2005 - SECT 79

79 .         Exception to s. 76 and 77

        (1)         Despite sections 76 and 77, a person is not entitled to assume a matter mentioned in section 78 if — 

            (a)         the person has actual knowledge that the assumption would be incorrect; or

            (b)         because of the person’s connection or relationship with the corporation concerned, the person ought to know that the assumption would be incorrect.

        (2)         If, because of subsection (1), a person is not entitled to make a particular assumption in relation to dealings with a corporation, section 76(2) does not apply to any assertion by the corporation in relation to the assumption.

        (3)         If, because of subsection (1), the third party is not entitled to make a particular assumption in relation to an acquisition or purported acquisition from a corporation of title to property, section 77(2) does not apply to any assertion by the corporation or the second party in relation to the assumption.



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