Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 6

Secretary to be body corporate1

6. Secretary to be body corporate1



(1) The person who is for the time being the Department Head (within the
meaning of the Public Administration Act 2004) of the Department and the
successors in office of that person are a body corporate under the name
"Secretary to the Department of Sustainability and Environment".



(2) The Secretary-

   (a)  has perpetual succession; and

   (b)  is to have an official seal; and

   (c)  may sue and be sued in its corporate name; and

   (d)  is, subject to this Act, capable of taking, purchasing, acquiring,
        leasing, holding, exchanging, selling and disposing of real and
        personal property for the purpose of performing its functions or
        exercising its powers under a relevant law.

(3) The seal of the Secretary must be kept in such custody as the Secretary
directs and must not be used except as authorised by the Secretary.

(4) All courts must take judicial notice of the seal of the Secretary that has
been affixed to any document and must presume that it was duly affixed.

(5) The body corporate under subsection (1) is the successor in law of the
body corporate established under section 6(1) of this Act as in force
immediately before the commencement of the Crown Land Acts (Amendment) Act
1993.

(6) The body corporate established by this section is deemed to be and always
to have been the same body despite the change made to its name by the Public
Sector Reform (Miscellaneous Amendments) Act 1998.







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