Victorian Numbered Acts

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PUBLIC HEALTH AND WELLBEING ACT 2008 (NO. 46 OF 2008) - SECT 16

Secretary

    (1)     The person who is for the time being the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department and the successors in office of that person are a body corporate under the name "Secretary to the Department of Human Services".

    (2)     The body corporate under subsection (1) by the name given to it under that subsection—

        (a)     has perpetual succession and a corporate seal; and

        (b)     is capable in law—

              (i)     of suing and being sued; and

              (ii)     of acquiring, holding and disposing of real and personal property; and

              (iii)     of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this or any other Act.

    (3)     The body corporate under subsection (1) is the same body corporate as the body corporate established under section 6 of the Health Act 1958 as in force immediately before the commencement of this section.

    (4)     Any act required to be done by the Secretary under this Act or any other Act that requires dealing with an interest in land or that is intended to bind any person holding the office of Department Head (within the meaning of the Public Administration Act 2004 ) of the Department and that person's successors in office must be done by the body corporate referred to in subsection (1).

    (5)     A reference in any Act other than this Act or in any document to the Secretary to the Department of Human Services (however expressed) must be taken to be a reference to the Secretary within the meaning of section 3(1).



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