Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-4 - APPLICATION OF THIS ACT TO ENTITIES  

Division 180 - Obligations, liabilities and offences  

Subdivision 180-E - Rights of indemnity and contribution  

SECTION 180-35   RIGHTS OF INDEMNITY AND CONTRIBUTION  

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 ).

180-35(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.