South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 21

21—Common seal and execution of documents

        (1)         The common seal of the Commission must not be affixed to a document except in pursuance of a decision of the Commission and the affixing of the seal must be attested by the signatures of 1 or more Commissioners.

        (2)         The Commission may, by instrument under its common seal, authorise a Commissioner, an employee of the Commission (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority.

        (3)         Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Commission.

        (4)         A document is duly executed by the Commission if—

            (a)         the common seal of the Commission is affixed to the document in accordance with this section; or

            (b)         the document is signed on behalf of the Commission by a person or persons in accordance with an authority conferred under this section.

        (5)         Where an apparently genuine document purports to bear the common seal of the Commission, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commission has been duly affixed to that document.