Western Australian Current Acts

WATER AGENCIES (POWERS) ACT 1984 - SECT 13

13 .         Execution of documents by Ministerial Body

        (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 officer of the Department.

        (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 seal, authorise the CEO or another officer of the Department 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 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.

        [Section 13 inserted: No. 38 of 2007 s. 107.]

        [Heading inserted: No. 38 of 2007 s. 107.]