Queensland Consolidated Acts

BUILDING UNITS AND GROUP TITLES ACT 1980 - SECT 28

28 Seal of body corporate

(1) The common seal of a body corporate shall be kept—

(a) where the body corporate is constituted by 1 proprietor—by that proprietor; or

(b) where the body corporate is constituted by 2 or more proprietors—by such proprietor or member of the committee as the body corporate determines or, in the absence of any such determination, by the secretary of the committee.

(2) The common seal of the body corporate shall only be affixed to an instrument or document in the presence of—

(a) where the body corporate is constituted by 1 or 2 proprietors—that proprietor or those proprietors, as the case may be; or

(b) where the body corporate is constituted by more than 2 proprietors—such 2 persons, being proprietors or members of the committee, as the body corporate determines or, in the absence of any such determination, the secretary and any other member of the committee;

who shall attest the fact and date of the affixing of the seal by their signatures.

(3) Notwithstanding subsections (1) and (2) , a body corporate manager shall, for the purpose of exercising or performing any of the manager’s powers, authorities, duties or functions, be entitled to have the custody of the common seal of the body corporate and to affix it to any instrument or document and, where the manager so affixes it, shall attest the fact and date of the affixing of the seal by the manager’s signature.

(4) Where a body corporate manager has affixed the common seal of the body corporate to any instrument or document, the manager shall be deemed to have done so under the authority of a delegation made under section 50 by the body corporate.

(5) Subsection (4) shall not operate so as to enable a person to fraudulently obtain a benefit from its operation, but any benefit that accrues to a person from the operation of that subsection shall be deemed not to be fraudulently obtained if the benefit was first obtained by that person without any fraud by the person.