Victorian Consolidated Legislation

State Owned Enterprises Act 1992 - SECT 14

Establishment of State body

14. Establishment of State body



(1) The Governor in Council, by Order published in the Government Gazette, may
establish, for the purposes of this Act, a State body by a name specified in
the Order.

(2) The Order-

   (a)  must state the particular purpose of establishing the State body; and

   (b)  must state the functions and powers of the State body;

   (c)  if the State body is to be a subsidiary of a statutory corporation,
        must so state and name the particular statutory corporation;

   (d)  if the State body is to have a share capital, must state particulars
        of the share capital;



   (e)  must contain particulars of the constitution of the board of the State
        body;



   (ea) may include provision for the appointment of directors by the Governor
        in Council;



   (eb) may designate a Minister as the relevant Minister for the purposes of
        this Act in relation to the State body;

   (f)  may include such other particulars relating to the establishing or
        operation of the State body as the Governor in Council determines.

(3) A State body established under this section-

   (a)  is a body corporate with perpetual succession;

   (b)  shall have an official seal;

   (c)  may sue and be sued;

   (d)  may acquire, hold and dispose of real and personal property;

   (e)  may do and suffer all things that a body corporate may by law do and
        suffer.

(4) All courts must take judicial notice of the seal of a State body affixed
to a document and, until the contrary is proved, must presume that it was duly
affixed.

(5) The official seal must be kept in such custody as the State body directs
and must not be used except as authorised by the State body.