Health Services Act 2016

The Ministerial Body must have a common seal.

A document is duly executed by the Ministerial Body if —

the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or

it is signed on behalf of the Ministerial Body by the Minister; or

it is signed on behalf of the Ministerial Body, as authorised under subsection (5), by the Department CEO or another person.

The common seal of the Ministerial Body must not be affixed to a document except as authorised by the Ministerial Body.

The common seal of the Ministerial Body must be affixed to a document in the presence of the Minister and the Minister must sign the document to attest that the common seal was so affixed.

The Ministerial Body may, by writing under its seal, authorise the Department CEO or another person to execute deeds or other documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.

A document purporting to be executed in accordance with this section must be presumed to be duly executed unless the contrary is shown.

A document executed by the Department CEO or another person under this section without the common seal of the Ministerial Body must not be regarded as a deed unless it is executed as a deed as authorised under subsection (5).

When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it must be presumed that the seal is the common seal of the Ministerial Body unless the contrary is shown.

For the purposes of this Act, a facsimile of any of the following may be used —

the Ministerial Body’s common seal;

the Minister’s signature;

the signature of a person authorised under subsection (5) to execute deeds or other documents.

A deed or other document purporting to be endorsed with such a facsimile must be regarded as bearing the facsimile under subsection (9) unless the contrary is shown.