Western Australian Current Acts Western Australian Current Acts (1) The Trust is to
have a common seal.
(2) A document is duly
executed by the Trust if —
(a) the
common seal of the Trust is affixed to it in accordance with subsections (3)
and (4); or
(b) it
is signed on behalf of the Trust by a person or persons authorised to do so
under subsection (5).
(3) The common seal of
the Trust must not be affixed to any document except as authorised by the
Trust.
(4) The common seal of
the Trust must be affixed to a document in the presence of the chairman and
another member, or the chairman and a person employed in the Department
authorised by the Trust either generally or in any particular case to be so
present, and each of them must sign the document to attest that the common
seal was so affixed.
(5) The Trust may, by
writing under its common seal, authorise a member or members or a person or
persons employed in the Department to sign documents on behalf of the Trust,
either generally or subject to such conditions or restrictions as are
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 a person under this section without the common seal of the Trust
is not to be regarded as a deed unless the person executes it as a deed and is
authorised under subsection (5) to do so.
(8) When a document is
produced bearing a seal purporting to be the common seal of the Trust, it is
to be presumed that the seal is the common seal of the Trust until the
contrary is shown.
[Section 28F inserted: No. 6 of 2015 s. 11.]