Western Australian Consolidated Acts Western Australian Consolidated Acts In relation to
contracts to which the Protection Board is a party, the following provisions
shall apply —
(a)
every contract made by the Protection Board may, if the Protection Board
thinks fit, specify the person to whose satisfaction the contract is to be
completed and the mode of determining any dispute which arises concerning or
in consequence of the contract;
(b) the
powers granted to the Protection Board under this or any other Act to make
contracts may be exercised as follows —
(i)
any contract which, if made between private persons would
be required by law to be in writing under seal, may be made on behalf of the
Protection Board in writing under the common seal of the Protection Board, and
may in the same manner be varied or discharged;
(ii)
any contract which, if made between private persons would
be required by law to be in writing signed by the parties to be charged
therewith, may be made on behalf of the Protection Board in writing signed by
any person acting under its authority express or implied and may, in the same
manner, be varied or discharged;
(iii)
any contract which, if made between private persons would
be valid in law, although made by parol only and not reduced into writing, may
be made by parol on behalf of the Protection Board by any person acting under
its authority express or implied and may in the same manner be varied or
discharged;
(c) all
contracts so made and duly executed by the parties thereto respectively shall
be effectual in law and binding on the Protection Board and all other parties
thereto, their successors, heirs, executors or administrators, as the case may
be, and in the case of default in the execution of any such contract either by
the Protection Board or by any other party thereto, such actions or suits or
other proceedings may, subject to the provisions of this Act, be instituted
either by or against the Protection Board in its corporate name or by or
against the other parties making the default, and such damages and costs
recovered as might be instituted and recovered had the like contract been made
between private persons;
(d) no
contract made by the Protection Board the consideration of which exceeds
$100 000 shall have any force or effect unless sanctioned by the
Governor;
(e) the
Protection Board may compound and agree with any person or firm who has
entered into any contract with it or against whom any action or suit is
brought for any penalty contained in any such contract or in any bond or other
security for the performance thereof or for or on account of any breach or
non-performance of any such contract, bond or security for such sum of money
or other recompense as the Protection Board thinks proper.
[Section 14 amended by No. 113 of 1965
s. 8(1); No. 95 of 1986 s. 5.]