Western Australian Consolidated Acts

CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 38

38 .         Execution of documents by the Executive Body

        (1)         The Executive Body is to have a common seal.

        (2)         A document is duly executed by the Executive Body if —

            (a)         the common seal of the Executive Body is affixed to it in accordance with subsections (3) and (4);

            (b)         it is signed on behalf of the Executive Body by the CEO; or

            (c)         it is signed on behalf of the Executive Body, as authorised under subsection (5), by an officer of the Department.

        (3)         The common seal of the Executive Body is not to be affixed to a document except as authorised by the Executive Body.

        (4)         The common seal of the Executive Body is to be affixed to a document in the presence of the CEO, and the CEO is to sign the document to attest that the common seal was so affixed.

        (5)         The Executive Body may, by writing under its common seal, authorise an officer of the Department to sign documents on behalf of the Executive Body, either generally or subject to any conditions or restrictions specified in the authorisation.

        (6)         A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.

        (7)         A document executed by the CEO or another person under this section without the common seal of the Executive Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).

        (8)         When a document is produced bearing a seal purporting to be the common seal of the Executive Body, it is to be presumed that the seal is the common seal of the Executive Body until the contrary is shown.

        (9)         For the purposes of this Act, a facsimile of —

            (a)         the Executive Body’s common seal; or

            (b)         the signature of the CEO or a person authorised under subsection (5) to execute deeds or other documents,

                may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.

        [Section 38 inserted by No. 28 of 2006 s. 197.]

[ 39-41.         Repealed by No. 113 of 1987 s. 32.]

[ 42.         Repealed by No. 28 of 2006 s. 198.]