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Contents (1987 - 15)
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Interpretation Act 1987 No 15
Current version for 15 September 2015 to date (accessed 28 June 2017 at 17:02)
Part 8
Part 8 Statutory bodies
50   Statutory corporations
(1)  A statutory corporation:
(a)  has perpetual succession,
(b)  shall have a seal,
(c)  may take proceedings and be proceeded against in its corporate name,
(d)  may, for the purpose of enabling it to exercise its functions, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property, and
(e)  may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for, or incidental to, the exercise of its functions.
(2)  The seal of a statutory corporation (being a corporation that has 2 or more members) shall be kept by the president, chairperson or other principal officer of the corporation and shall be affixed to a document only:
(a)  in the presence of at least 2 members of the corporation, and
(b)  with an attestation by the signatures of those members of the fact of the affixing of the seal.
(3)  Every document requiring authentication by a statutory corporation may be sufficiently authenticated without the seal of the corporation:
(a)  in the case of a corporation that has 2 or more members—if it is signed by the president, chairperson or other principal officer of the corporation or by any member of the staff of the corporation authorised to do so by the president, chairperson or other principal officer,
(b)  in the case of a corporation sole—if it is signed by the person by whom the corporation is constituted or by any member of the staff of the corporation authorised to do so by that person, or
(c)  in the case of a corporation that has no members—if it is signed by the person for the time being managing the affairs of the corporation or by any member of the staff of the corporation authorised to do so by that person.
(4)  This section applies to a statutory corporation in addition to, and without limiting the effect of, any provision of the Act by or under which the corporation is constituted.
51   (Repealed)
52   Proceedings of statutory bodies
(1)  Any act or proceeding of a statutory body shall not be called into question merely because of:
(a)  any vacancies in the membership of the body,
(b)  any defects in the appointment of any members of the body,
(c)  any disqualifications of any members of the body,
(d)  any minor irregularities in the manner in which any meetings of the body have been convened or conducted, or
(e)  the presence or participation at any meetings of the body of any persons not entitled to be present or to participate at those meetings.
(2)  This section applies to a statutory body in addition to, and without limiting the effect of, any provision of the Act by or under which the body is constituted.
53   Alterations of names and constitutions
(1)  If an Act or statutory rule alters the name of a body or office:
(a)  the body or office continues in existence under its new name so that its identity is not affected, and
(b)  a reference in any Act or instrument, or in any other document, to the body or office under its former name shall, except in relation to matters that occurred before the alteration took place, be read as a reference to the body or office under its new name.
(2)  If an Act or statutory rule alters the constitution of a body:
(a)  the body continues in existence as newly constituted so that its identity is not affected,
(b)  the alteration does not affect any functions of the body,
(c)  the alteration does not affect any legal or other proceedings instituted or to be instituted by or against the body and any legal or other proceedings that might have been continued or commenced by or against the body as previously constituted may be continued or commenced by or against the body as newly constituted, and
(d)  the alteration does not affect any investigation or inquiry being or proposed to be undertaken by any other person or body into any action taken or practice engaged in by the body before the alteration took place and any investigation or inquiry that might have been continued or commenced into any such action or practice may be continued or commenced as if the action had been taken or the practice had been engaged in by the body as newly constituted.
53A   Extension of age limit for part-time members of statutory bodies
(1)  If:
(a)  a person is or has, within the last 3 months, been the holder of a part-time office as a member of a statutory body,
(b)  the person cannot be re-appointed to the office because a provision of an Act or statutory rule imposes an age limit,
(c)  a Minister certifies to the Governor that that Minister is of the opinion that it is in the public interest that the person should be able to continue to hold the office after reaching the age limit, and
(d)  the person has reached the age limit or is within 3 months of reaching it,
the Governor may extend the age limit for the person, but not beyond the age of 72 years.
(2)  While under the extended age limit, the person (if otherwise qualified) may be re-appointed to the office.
(3)  An office held by a person re-appointed under this section becomes vacant if the person reaches the extended age limit, instead of the former age limit.
(4)  This section prevails over any Act or statutory rule relating to the constitution of the statutory body concerned, unless any such Act or statutory rule expressly excludes this section.
(5)  A notification in the Gazette by a Minister to the effect that the age limit has been extended for the person is evidence of the extension.
(6)  The age limit for a person may be extended under this section on more than one occasion, but so that the age limit is not extended beyond the age of 72 years.
(7)  In this section, part-time office means an office other than:
(a)  an office required to be held on a full-time basis, or
(b)  an office specified in any of the Schedules to the Statutory and Other Offices Remuneration Act 1975.