(1) The Ministerial
Body is to have a common seal.
(2) A document is duly
executed by the Ministerial Body if —
(a) the
common seal of the Ministerial Body is affixed to it in accordance with
subsections (3) and (4); or
(b) it
is signed on behalf of the Ministerial Body by the Minister; or
(c) it
is signed on behalf of the Ministerial Body, as authorised under subsection
(5), by the CEO or another person.
(3) The common seal of
the Ministerial Body is not to be affixed to a document except as authorised
by the Ministerial Body.
(4) 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.
(5) The Ministerial
Body may, by writing under its common seal, authorise the CEO or another
officer to sign documents on behalf of the Ministerial Body, either generally
or subject to any conditions or restrictions specified in the authorisation.
(6) A document
purporting to be executed in accordance with this section is to be presumed to
be duly executed until the contrary is shown.
(7) A document
executed by the CEO 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).
(8) 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.
(9) For the purposes
of this Act, a facsimile of —
(a) the
Ministerial Body’s common seal; or
(b) 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.