Acts done by Ministerial Council etc
50 Acts done by Ministerial Council etc
A certificate that:
purports to be signed by a member of the Ministerial Council, or by a person authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of this subsection; and
states that the Ministerial Council or the former Ministerial Council has done any act or thing (for example, carried a particular resolution) or formed any opinion;
is, upon mere production, receivable as prima facie evidence that the Ministerial Council or the former Ministerial Council, as the case requires, has done the act or thing or formed the opinion.
A certificate that:
purports to be signed by a member of the Ministerial Council; and
states that a specified person is authorised by the Ministerial Council, by resolution carried in accordance with the Agreement, to sign certificates for the purposes of subsection (1);
is, upon mere production, receivable as prima facie evidence that the person is so authorised.
An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.
A reference in paragraph (1)(b) or subsection (3) to an act or thing done by the Ministerial Council is a reference to an act or thing done by the Ministerial Council under or in connection with:
this Act, an instrument under this Act, or the Agreement; or
the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.
A reference in paragraph (1)(b) to an opinion formed by the Ministerial Council is a reference to an opinion formed by the Ministerial Council under or in connection with:
this Act, an instrument under this Act, or the Agreement; or
the National Road Transport Commission Act 1991, an instrument under that Act, or the agreements scheduled to that Act.
In this section:
former Ministerial Council means the Ministerial Council for Road Transport that was established by the Heavy Vehicles Agreement (within the meaning of the repealed National Road Transport Commission Act 1991, as that Agreement was in force before the commencement of subsection 44(6) of that Act).
This Act’s bill:Explanatory memorandumSecond reading speech
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