Victorian Current Acts Victorian Current ActsS. 6(1) substituted by No. 48/1993 s. 11(1), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 39.2), 40/2009 s. 50, 24/2014 s. 78, 51/2016 s. 4(1).
(1) The person who is for the time being the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department and the successors in office of that person are a body corporate under the name "Secretary to the Department of Environment, Land, Water and Planning".
S. 6(2) amended by No. 76/1998 s. 3(1)(c).
(2) The Secretary—
(a) has perpetual succession; and
(b) is to have an official seal; and
(c) may sue and be sued in its corporate name; and
(d) is, subject to this Act, capable of taking, purchasing, acquiring, leasing, holding, exchanging, selling and disposing of real and personal property for the purpose of performing its functions or exercising its powers under a relevant law.
S. 6(3) amended by No. 76/1998 s. 3(1)(c).
(3) The seal of the Secretary must be kept in such custody as the Secretary directs and must not be used except as authorised by the Secretary.
S. 6(4) amended by No. 76/1998 s. 3(1)(c).
(4) All courts must take judicial notice of the seal of the Secretary that has been affixed to any document and must presume that it was duly affixed.
S. 6(5) inserted by No. 48/1993 s. 11(2).
(5) The body corporate under subsection (1) is the successor in law of the body corporate established under section 6(1) of this Act as in force immediately before the commencement of the Crown Land Acts (Amendment) Act 1993 .
S. 6(6) inserted by No. 48/1993 s. 11(2), amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 76/1998 s. 3(2) (as amended by No. 74/2000 s. 3(Sch. 1 item 26)).
(6) The body corporate established by this section is deemed to be and always to have been the same body despite the change made to its name by the Public Sector Reform (Miscellaneous Amendments) Act 1998 .
S. 6(7) inserted by No. 48/1993 s. 11(2), amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 76/1998 s. 3(2) (as amended by No. 74/2000 s. 3(Sch. 1 item 26)), new s. 6(7) inserted by No. 51/2016 s. 4(2).
(7) The body corporate established by this section is taken to be and always to have been the same body despite the change made to its name by the Crown Land Legislation Amendment Act 2016 .