Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The exercise of a power or the doing of an act in contravention of section 39 is not invalid merely because of the contravention.
(2) An act of an officer of a cooperative is not invalid merely because, by doing the act, the officer contravenes section 39.
(3) The fact that the exercise of a power or the doing of an act contravenes or would contravene section 39 may be asserted or relied on only in –
(a) a prosecution of a person for an offence against this Act; or
(b) an application for an order under Division 5 of Part 4; or
(c) an application for an injunction under section 453 to restrain the cooperative from entering into an agreement; or
(d) proceedings, other than an application for an injunction, by the cooperative, or by a member of the cooperative, against the present or former officers of the cooperative; or
(e) an application by the Commissioner or by a member of the cooperative for the winding-up of the cooperative.
(4) If, but for subsection (3), a court would have power under section 453 to grant, on the application of a person, an injunction restraining a cooperative or an officer of a cooperative from engaging in particular conduct constituting a contravention of section 39, the court may, on the application of that person, order the cooperative or the officer to pay damages to that person or any other person.