Victorian Current Acts

WATER ACT 1989 - SECT 122D

    (1)     If the Minister declares a committee to be a corporation under section 122C(2)(e), then on the publication of the notice in the Government Gazette—

        (a)     the committee specified in the notice is a body corporate by the name assigned to it in the notice, with perpetual succession and a common seal, and is by that name capable in law of suing and being sued and, subject to this Act, of holding, acquiring and disposing of personal property; and

        (b)     the powers, functions, discretions and authorities of that committee, whether conferred or imposed by this Act or otherwise, must be taken to be conferred or imposed on the corporation alone; and

        (c)     the duties, liabilities, responsibilities and obligations imposed on that committee are transferred to the corporation; and

        (d)     the corporation becomes the successor in law of that committee.

    (2)     The common seal of a corporation constituted under section 122C(2)(e) must be kept in the custody that the corporation directs, and must not be used except as authorised by the corporation.

    (3)     All courts must take judicial notice of the common seal of a corporation constituted under section 122C(2)(e) affixed to any document and, until the contrary is proved, must presume that it was duly affixed.

    (4)     If the Minister declares a corporation to be dissolved under section 122C(2)(e) , then on the publication of the notice in the Government Gazette—

        (a)     the members who constituted the corporation specified in the notice constitute the committee; and

        (b)     the powers, functions, discretions and authorities of the corporation specified in the notice must be taken to be conferred or imposed on that committee; and

        (c)     the duties, liabilities, responsibilities and obligations imposed on the corporation specified in the notice are transferred to that committee; and

        (d)     that committee becomes the successor in law of the corporation specified in the notice.

    (5)     A committee declared to be a corporation under section 122C(2)(e) —

        (a)     consists of the members who constituted the committee immediately before the publication in the Government Gazette of the notice declaring the committee to be a corporation; and

        (b)     is subject to all the provisions of this Act and the regulations relating to committees.

S. 122E inserted by No. 85/2006 s. 54.