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ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 35 Prohibited transactions

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 35

Prohibited transactions

    (1)     No act of an incorporated association (including the entering into of an agreement by the association) and no conveyance or transfer of property to or by an incorporated association is invalid by reason only of the fact that—

        (a)     the association was without the capacity or power to do the act or execute or take the conveyance or transfer; or

        (b)     doing the act, or executing or taking the conveyance or transfer, was prohibited under section 34.

    (2)     No act performed by a person for or on behalf of an incorporated association (including the entering into of an agreement on behalf of the association) is invalid by reason only of the fact that the act was prohibited under section 34.

    (3)     Any lack of capacity or power or any prohibition referred to in subsection (1) or (2) may be asserted or relied on only in—

        (a)     proceedings against an incorporated association by a member of the association or the Registrar to restrain the association from doing any act or executing or taking a conveyance or transfer of property; or

        (b)     proceedings by an incorporated association or by a member of the association against the present or former secretary or former public officer of the association; or

        (c)     an application by a member of an incorporated association or the Registrar to wind up the association; or

        (d)     an application by the Registrar to appoint a person as the statutory manager of an incorporated association.