Western Australian Current Acts Western Australian Current Acts (1) From the
commencement of the Public Works Amendment Act 1994 , the Western Australian
Building Authority previously established by this section continues in
existence as a body corporate but is called the Western Australian Building
Management Authority.
(1a) The change of
name of the body corporate does not affect its legal identity.
(2) The Building
Management Authority —
(a)
consists of the Minister for Works referred to in section 5(3); and
(b)
under its corporate name —
(i)
has perpetual succession and a common seal; and
(ii)
may sue and be sued in any court; and
(iii)
subject to this Part, is capable of doing and suffering
all such acts and things as bodies corporate may lawfully do and suffer.
(3) The common seal of
the Building Management Authority shall —
(a) be
kept in such custody as the Building Management Authority directs; and
(b) not
be used except as authorised by the Building Management Authority.
(4) When a document
purporting to bear the common seal of the Building Management Authority is
produced before any court, judge or person acting judicially, that court,
judge or person shall, unless the contrary is proved, presume that —
(a) that
document bears that common seal; and
(b) that
common seal was duly affixed to that document.
(5) The Building
Management Authority is an agent of the Crown in right of the State and,
except as provided in section 9C(7), enjoys the status, immunities and
privileges of the Crown.
[Section 9B inserted: No. 123 of 1984 s. 4;
amended: No. 59 of 1994 s. 6 and 9.]