68Corporate identity and functions of local government

68 Corporate identity and functions of local government (1) A local government subsidiary comes into existence as a body corporate on a date fixed by the Minister by Gazette notice. (2) A local government subsidiary:

Local Government Act 2019 46 (c) is capable, in its corporate name, of acquiring, holding and disposing of real property (including leasehold) and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of a council affixed to a document and are to assume that it was duly affixed. (4) A local government subsidiary: (a) has the name assigned in its constitution; and (b) has the powers and functions conferred or assigned by its constitution. (5) A local government subsidiary acts: (a) through officers or agents appointed for the purpose; or (b) under its common seal. (6) The common seal of a local government subsidiary may only be affixed to a document as authorised by its constitution. (7) The constituent council or councils are jointly and severally liable for any liabilities of the local government subsidiary.