Execution of documents by Ministerial Body
7 Execution of documents by Ministerial Body
The Ministerial Body is to 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 Director General or another person.
The common seal of the Ministerial Body is not to be affixed to a document except as authorised by the Ministerial Body.
The common seal of the Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
The Ministerial Body may, by writing under its seal, authorise the Director General or another person to sign 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 is to be presumed to be duly executed until the contrary is shown.
A document executed by the Director General or another person under this section without the common seal of the Ministerial Body is not to 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 is to be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.
For the purposes of this Act, a facsimile of —
the Ministerial Body’s seal; or
the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
[Section 7 inserted: No. 7 of 2002 s. 39.]
7A. Minister may join etc. body with objects related to transport etc.
Subject to this Act the Minister may —
become a member of or shareholder in; and
contribute funds to,
any body whether incorporated or not (in this section referred to as the body) which —
has its principal office within the Commonwealth; and
has among its principal objects the carrying out of research, investigations, inquiries or studies into the improvement of transport or transport safety, or both, within the Commonwealth.
The Minister may be represented on the body by any officer of the Department authorised in that behalf in writing by the Minister.
The Minister may —
take part in any activities of the body; and
carry out any function, investigation and research for or on behalf of the body either alone or in association with any other person appointed by the body; and
contribute to the cost of any activity carried on by the body or by any person on its behalf.
[Section 7A inserted: No. 54 of 1985 s. 11; amended: No. 7 of 2002 s. 40.]
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