Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 180.35

  (1)   This section applies if:

  (a)   an amount is payable under section   180 - 5, 180 - 20 or 180 - 30 by 2 or more entities (the jointly liable entities ); and

  (b)   one of the jointly liable entities (the paying entity ) pays that amount; and

  (c)   the paying entity is not the company that is an unincorporated association or body of persons, the trust, or the company that is a body corporate, mentioned in that section (the primary entity ).

  (2)   The paying entity has the same rights (whether by way of indemnity, subrogation, contribution or otherwise) against anyone else as if:

  (a)   the paying entity made the payment under a guarantee of the liability of the primary entity to pay the amount; and

  (b)   under the guarantee:

  (i)   the paying entity; and

  (ii)   every other entity (other than the primary entity) that is or was liable to pay that amount under that section;

    were jointly and severally liable as guarantors.