Western Australian Numbered Acts

TRAINING LEGISLATION AMENDMENT AND REPEAL ACT 2008 (NO. 44 OF 2008) - SECT 8

8 .         Part 2 Division 1A inserted

                At the beginning of Part 2 insert:

Division 1A — VET (WA) Ministerial Corporation

7A.         Body corporate continued

        (1)         The body corporate called the “Minister for Training”, established previously under this Act, continues under the name “VET (WA) Ministerial Corporation”.

        (2)         VET (WA) Ministerial Corporation is a body corporate with perpetual succession.

        (3)         Proceedings may be taken by or against VET (WA) Ministerial Corporation in its corporate name.

        (4)         VET (WA) Ministerial Corporation is to be governed by the Minister.

7B.         Status and purpose

        (1)         VET (WA) Ministerial Corporation (the corporation ) is an agent of the State and has the status, immunities, and privileges of the State.

        (2)         The corporation has power —

            (a)         to enter into any contract that the Minister, under this Act, has power to enter into; and

            (b)         to acquire, hold and dispose of any property that the Minister, under this Act, has power to acquire, hold and dispose of.

        (3)         Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the corporation, the corporation and those officers are not an organisation for the purposes of that Act.

7.         Execution of documents

        (1)         VET (WA) Ministerial Corporation (the corporation ) is to have a common seal.

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

            (a)         the corporation’s common seal is affixed to it in accordance with subsections (3) and (4); or

            (b)         it is signed on behalf of the corporation by the Minister; or

            (c)         it is signed on behalf of the corporation by the chief executive, or another person, authorised under subsection (5).

        (3)         The corporation’s common seal is not to be affixed to a document except as authorised by the corporation.

        (4)         The corporation’s common seal is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.

        (5)         The corporation, in writing under its common seal, may authorise the chief executive or other person to sign documents on its behalf, either generally or subject to conditions or restrictions specified in the authorisation.

        (6)         A document executed by the chief executive or other person under this section without the common seal of the corporation is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).

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

        (8)         If a document bears a seal purporting to be the common seal of the corporation, it is to be presumed that the seal is the common seal of the corporation until the contrary is shown.