Victorian Consolidated Legislation

Local Government Act 1989 - SECT 5

The Council

5. The Council



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(2) A Council-

   (a)  is a body corporate with perpetual succession; and

   (b)  must have a common seal; and

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

   (d)  is capable of acquiring, holding, dealing with or disposing of
        property for the purpose of performing its functions and exercising
        its powers; and





   (e)  is capable of doing and suffering all acts and things which bodies
        corporate may by law do and suffer and which are necessary or
        expedient for performing its functions and exercising its powers.

(3) The common seal of a Council must-

   (a)  bear the name of the Council (which name may refer to the inhabitants
        of the municipal district) and any other word, letter, sign or device
        the Council determines should be included; and

   (b)  be kept at the Council office; and

   (c)  be used in accordance with the local laws of the Council.

(4) All courts, judges and persons acting judicially must take judicial notice
of the imprint of the seal of a Council on any document and must presume that
the document was properly sealed until the contrary is proved.