(1) There is hereby
established, for the purposes of this Act, a Commission to be called the
“Western Australian Coastal Shipping Commission”.
(2) The Commission
—
(a) is a
body corporate with perpetual succession and shall have a common seal; and
(b) is
capable, in its corporate name, of acquiring, holding and disposing of real
and personal property in or outside the Commonwealth and of suing and being
sued in that name; and
(c) is a
corporate agency of the Crown in right of the State; and
(d) is
capable of doing and suffering all such acts and things as bodies corporate
may lawfully do and suffer; and
(e) has,
subject to the Minister, the general administration of this Act.
(3) All courts, judges
and persons acting judicially shall take notice of the seal of the Commission
affixed to a document and shall presume that it was duly affixed.
(4) The exercise or
performance of the powers or functions of the Commission shall not be affected
by reason only of there being a vacancy in the office of a Commissioner.
(5) The Minister may
give directions in writing to the Commission with respect to its powers and
functions, either generally or with respect to a particular matter, and the
Commission shall give effect to any such direction.
(6) The text of any
direction received by the Commission under subsection (5) shall be included in
the annual report submitted by the accountable authority of the Commission
under Part 5 of the Financial Management Act 2006 .
[Section 5 amended: No. 35 of 1997 s. 4; No. 77 of
2006 Sch. 1 cl. 180(1).]