Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 9.49A

9.49A .         Execution of documents

        (1)         A document is duly executed by a local government if —

            (a)         the common seal of the local government is affixed to it in accordance with subsections (2) and (3); or

            (b)         it is signed on behalf of the local government by a person or persons authorised under subsection (4) to do so.

        (2)         The common seal of a local government is not to be affixed to any document except as authorised by the local government.

        (3)         The common seal of the local government is to be affixed to a document in the presence of —

            (a)         the mayor or president; and

            (b)         the CEO,

                each of whom is to sign the document to attest that the common seal was so affixed.

        (4)         A local government may, by resolution, authorise the CEO, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

        (5)         A document executed by a person under an authority under subsection (4) is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

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

        (7)         When a document is produced bearing a seal purporting to be the common seal of the local government, it is to be presumed that the seal is the common seal of the local government unless the contrary is shown.

        [Section 9.49A inserted: No. 17 of 2009 s. 43; amended: No. 16 of 2019 s. 68.]