Western Australian Consolidated Acts

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HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 5

5 .         The Council

        (1)         There shall be established, pursuant to this Act, a body to be known as the Heritage Council of Western Australia.

        (2)         The Council — 

            (a)         is a corporate body, which under its corporate name — 

                  (i)         has perpetual succession and a common seal;

                  (ii)         may sue and be sued in any court;

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

                  (iv)         subject to this Act, is capable of doing and suffering all that bodies corporate may lawfully do or suffer;

                and

            (b)         shall be constituted by persons appointed as members pursuant to Division 4 of Part 3.

        (3)         All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Council, and where a document is produced bearing a seal purporting to be the common seal of the Council shall, in the absence of proof to the contrary, presume that the seal is the common seal of the Council and that it was duly affixed.

        (4)         The common seal of the Council shall be — 

            (a)         kept in such custody as the Council directs; and

            (b)         used only as authorised by the Council.



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