Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Authority
is to have a common seal.
(2) A document is duly
executed by the Authority if —
(a) the
common seal of the Authority is affixed to it in the presence of 2 directors
or of a director and the chief executive officer; or
(b) it
is signed on behalf of the Authority by a person or persons referred to in
subsection (4).
(3) The common seal of
the Authority is not to be affixed to a document except in accordance with
this section.
(4) The Authority may,
by authorisation in writing under its common seal, authorise a director, the
chief executive officer or a member of staff to execute documents on its
behalf.
(5) An authorisation
under subsection (4) —
(a) may
be given —
(i)
either generally or in respect of a specified matter or
specified matters; and
(ii)
so as to authorise 2 or more persons to execute documents
jointly;
and
(b) may
be presumed by a person dealing with the Authority to continue —
(i)
during any period for which it is conferred; or
(ii)
if subparagraph (i) does not apply, until notice of
termination of the authorisation is given to the person so dealing.
(6) A document
executed by a person under an authorisation under subsection (4) is not
to be regarded as a deed unless the person executes it as a deed and is
permitted to do so by the authorisation.
(7) A document
purporting to be executed in accordance with this section is to be taken to be
duly executed until the contrary is shown.
[Section 45 inserted by No. 67 of 2004
s. 38.]