South Australian Consolidated Acts

SOUTH AUSTRALIAN CO-OPERATIVE AND COMMUNITY HOUSING ACT 1991 - SECT 30

30—Limitation of doctrine of ultra vires

        (1)         A contract made with a registered housing co-operative is not invalid by reason of any deficiency in the capacity of the co-operative to enter into, or carry out, the contract unless the person contracting with the co-operative has actual notice of the deficiency.

        (2)         A registered housing co-operative that enters into a contract that would, but for the provisions of subsection (1), be invalid is empowered to carry out the contract.

        (3)         This section does not prejudice an action by a member of a registered housing co-operative to restrain the co-operative from entering into a transaction that lies beyond the powers conferred on the co-operative by or under this Act or its rules.