Western Australian Consolidated Acts (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.