4Appointment and incorporation of Commissioner

4 Appointment and incorporation of Commissioner

(1)  [Section 4 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]*The Governor may, subject to this Act, appoint a State Service officer or State Service employee to be Commissioner for Transport who is, by this subsection, incorporated as a corporation sole with the corporate name "Transport Commission".

(1A)  [Section 4 Subsection (1A) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 4 Subsection (1A) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]*The person holding office as Commissioner for Transport shall hold that office in conjunction with State Service employment.

(2)  The Commission –

(a) has perpetual succession;

(b) shall have an official seal;

(c) may take proceedings, and be proceeded against, in its corporate name;

(d) may, subject to this Act, purchase, exchange, take on lease, hold, hire, dispose of by way of lease or sale, and otherwise deal with property both real and personal;

(e) may do and be subject to all other things that corporations may, by law, do and be subject to and that are necessary for or incidental to the purposes for which it is incorporated; and

(f) has the functions imposed, and the powers conferred, on it by or under this or any other Act.

(3)  All courts, judges, and persons acting judicially shall take judicial notice of the official seal of the Commission that has been affixed to a document and shall, unless the contrary is proved, presume that the seal was properly affixed.

(4)  [Section 4 Subsection (4) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .