New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 4

4 Constitution of Corporation

(1) There is constituted by this Act a corporation under the corporate name of the “Building and Construction Industry Long Service Payments Corporation”.

(2) The affairs of the Corporation shall be managed by the Chief Executive Officer.

(3) Any act, matter or thing done in the name of, or on behalf of, the Corporation by the Chief Executive Officer, or with the authority of the Chief Executive Officer, shall be deemed to have been done by the Corporation.

(4) The Corporation:

(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,

(b) shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister,

(c) has perpetual succession,

(d) shall have an official seal,

(e) may take proceedings, and be proceeded against, in its corporate name,

(f) may do and suffer all other things that a body corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which the Corporation is constituted, and

(g) is, for the purpose of any Act, a statutory body representing the Crown.

(4A) However, the Corporation cannot employ any staff.

Note: Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Corporation to exercise its functions.

(5) The seal of the Corporation shall not be affixed to any instrument or document except in the presence of the Chief Executive Officer, or a public servant who is for the time being authorised by the Chief Executive Officer for the purpose, who shall attest by his or her signature the fact and date of the affixing of the seal.

(6) All courts and persons acting judicially:

(a) shall take judicial notice of the seal of the Corporation that has been affixed to any instrument or document, and

(b) shall, until the contrary is proved, presume that the seal was properly affixed.

(7) In any other Act, in any instrument made under any Act or in any other instrument of any kind, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the “Long Service Payments Corporation” shall be read as a reference to the Building and Construction Industry Long Service Payments Corporation constituted by this section.