New South Wales Consolidated Acts

COMMUNITY LAND MANAGEMENT ACT 1989 - SECT 8

8 Seal of association

(1) If an association has only 1 member, the seal of the association must be kept:

(a) by the member, or

(b) by the managing agent (if any).

(2) If an association has 2 or more members, the seal of the association must be kept:

(a) by a member who is nominated by the association for the purpose, or

(b) by the managing agent (if any).

(3) If an association has only 1 member, the seal of the association may not be affixed except in the presence of:

(a) the member, or

(b) the managing agent (if any).

(4) If an association has 2 or more members, the seal of the association may not be affixed except in the presence of:

(a) its members, if it has only 2, or

(b) the prescribed persons, or

(c) the managing agent (if any).

(5) A managing agent is entitled to custody of the seal of an association only to permit the exercise of functions delegated to the managing agent.

(6) The affixing to an instrument by a managing agent of the seal of an association must be presumed to have been affixed under a delegation from the association unless the presumption operates to enable a person to fraudulently obtain a benefit.

(7) For the purposes of subsection (6), a person does not fraudulently obtain a benefit if the benefit was, without any fraud by the person, obtained before the seal was affixed.

(8) The seal of the association must be in the approved form and is not duly affixed unless the fact and date of its being affixed are attested by the signature of the person or persons in whose presence it is affixed in accordance with this section.

(9) The provisions of section 50 (2) and (3) of the Interpretation Act 1987 relating to the seal of a statutory corporation do not apply to an association.

(10) In this section:
"prescribed persons" means:

(a) 2 persons nominated by the association, each of whom is a member of the association, or

(b) in the absence of nominations-the secretary and a member of the executive committee.