Western Australian Consolidated Acts

WATER CORPORATION ACT 1995 - SECT 40

40 .         Exception to s. 37 and 38

        (1)         Despite sections 37 and 38, a person is not entitled to assume a matter mentioned in section 39 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, 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 — 

            (a)         if the assumption is in relation to dealings with the corporation, section 37(2) does not apply to any assertion by the corporation in relation to the assumption; or

            (b)         if the assumption is in relation to an acquisition or purported acquisition from the corporation of title to property, section 38(2) does not apply to any assertion by the corporation or another person in relation to the assumption.