South Australian Consolidated Acts

RAIL COMMISSIONER ACT 2009 - SECT 15

15—Common seal and execution of documents

        (1)         The common seal of the Rail Commissioner must not be affixed to a document except in pursuance of a decision of the Commissioner, and the affixing of the seal must be attested by the signature of the Commissioner.

        (2)         The Rail Commissioner may, by instrument under the Commissioner's common seal, authorise an employee of the Commissioner (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commissioner subject to conditions and limitations (if any) specified in the instrument of authority.

        (3)         Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Rail Commissioner.

        (4)         A document is duly executed by the Rail Commissioner if—

            (a)         the common seal of the Commissioner is affixed to the document in accordance with this section; or

            (b)         the document is signed on behalf of the Commissioner by a person or persons in accordance with an authority conferred under this section.

        (5)         Where an apparently genuine document purports to bear the common seal of the Rail Commissioner, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commissioner has been duly affixed to that document.