Queensland Consolidated Acts

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The Nominal Defendant

16 The Nominal Defendant

(1) The Nominal Defendant—
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued under the name Nominal Defendant.
(2) The commissioner is the Nominal Defendant.
(3) The Nominal Defendant has all the powers of an individual and may, for example—
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with, property; and
(c) employ staff (including temporary staff); and
(d) appoint agents and attorneys; and
(e) engage consultants.
(4) The Nominal Defendant may delegate powers under this Act.
(5) The Nominal Defendant’s seal is to be kept as directed by the commissioner and may be used only as directed or authorised by the commissioner.
(6) Judicial notice must be taken of the imprint of the seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

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