Charles Darwin University (Common Seal) By-laws 2005 (NT)

NORTHERN TERRITORY OF AUSTRALIA

CHARLES DARWIN UNIVERSITY (COMMON sEAL) by-laws 2005

As in force at 26 January 2005

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Definitions3 — Custody of the common seal4 — Use of the common seal5 — Attestation clause6 — RepealENDNOTES northern territory of australia

northern territory of australia

As in force at 26 January 2005

cHARLES DARWIN UNIVERSITY (COMMON SEAL) BY-LAWS 2005

By-laws under the Charles Darwin University Act 2003

1Citation

These By-laws may be cited as the Charles Darwin University (Common Seal) By-laws 2005.

2Definitions

In these By-laws:

• (a)

  common seal means the common seal of the University;

3Custody of the common seal

The common seal is to be kept in safe custody by the person holding the position of Executive Director (Corporate Services), or a person acting in or carrying out the duties of that office from time to time, or if at any time that office ceases to exist, then the Vice-Chancellor or the person holding the office determined by the Vice-Chancellor.

4Use of the common seal

• (1)

  Subject to clause (2), the common seal may be affixed with the authority of the Council to any:

  • (a)

    deed, instrument, contract or agreement described in section 43(1) of the Act (including, but not limited to, any document relating to the granting, amendment or extension of a lease, the sale, transfer, gift or demise of any property, or a deed of any kind);

  • (b)

    testamur or other similar certificate issued by or on behalf of the University; and

  • (c)

    other document that the Council resolves is to be executed using the common seal.

• (2)

  The Vice-Chancellor shall not affix the common seal to any document except in circumstances where:–

  • (a)

    A document is required to be executed for giving effect to, or otherwise in connection with, a resolution of the Council or a transaction entered into on behalf of the University by a duly authorised person or persons, or

  • (b)

    The Vice-Chancellor is acting by direction and on behalf of the Council.

  • (c)

    Where the Vice-Chancellor affixes the common seal to a document by virtue of clause (2), the Vice-Chancellor shall cause that fact to be brought to the notice of the Council at its next meeting.

  5Attestation clause
• (1)

  If the common seal is affixed to a document, the following attestation clause may be used:

  "The common seal of the Charles Darwin University is affixed in the presence of:

  ………………………….                                …………………………. Signature of Council member                     Print name of Council member

  ………………………….                                …………………………. Signature of Council member                     Print name of Council member"

• (2)

  If the common seal is affixed to a document in accordance with by-law 4(2), the following attestation clause may be used:

  "The common seal of the Charles Darwin University is affixed in the presence of:

  ………………………….                        …………………………. Signature of Vice-Chancellor               Print name of Vice-Chancellor

• (3)

  Any failure to use the attestation clause set out in by-law 5(1) does not affect the validity of the document or of the affixing of the common seal to that document in any way.

6Repeal

The by-laws in force immediately prior to the date of commencement of these by-laws and cited as the Northern Territory University (Common Seal) By-laws 1988 are repealed on and from the date of commencement of these by-laws.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Charles Darwin University (Common Seal) By-laws
Notified	26 January 2005
Commenced	26 January 2005

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1 and 6.